Through the petition in hand, grant of post arrest bail in Accountability Reference No,17/2014, has been prayed asserting that the petitioner is an accused of abetting the offence and his person is not required for further investigations.
2. In the Reference, filed against the petitioner, it is alleged that the co-accused of the petitioner by posing the petitioner as Colonel of Pakistan Army had grabbed the money of 102 affectees for securing lease of military land for them thus the public at large was cheated in this manner.
3. We have heard the learned counsel for the parties and perused the record which discloses that the other accused of the petitioner have already been admitted to bail who have been held responsible for extorting money from the claimants. The role ascribed to the petitioner is that he was shown as a Colonel of Pakistan Army and behind his back, a huge amount was grabbed by the co-accused of the petitioner for securing the lease in their favour. According to the learned counsel for the petitioner, after two years of the alleged occurrence, a supplementary list of witnesses was introduced by the Investigating Officer in the reference wherein only 5 to 6 persons out of 102 had identified the petitioner as a person who was introduced as an Army Colonel for grabbing the money from them by the principal accused Hadayat Ali. It is also noticed from the file that initially the petitioner was summoned as a witness by the Investigating Officer but subsequently he was booked in the case by attributing role of abetment to him. In these circumstances, the role of the petitioner in the' commission of crime is yet to be examined by the trial court seized with the matter so, till that time, he cannot be detained in the jail. Moreover, the co-accused of the petitioner have already been admitted to bail so following the rule of consistency, the petitioner is also entitled for the same relief.
4. For the reasons stated above, the petition in hand is accepted and petitioner Habib Ullah is admitted to post arrest bail subject to his furnishing of bail bonds in the sum of Rs,2,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial court.