1. Through this single order we intend to dispose of W. P.No. 13295/2016 filed by Khadim Hussain (petitioner), W.P.No. 12832/2016 filed by Ghulam Hussain (petitioner), W.P.No. 15751/2016 filed by Nabeel Raza Jafari (petitioner), W.P.No. 12683/2016 filed by Shoaib Manzoor (petitioner) and W.P.No. 12892/2016 filed by Hassan Latif Tahir (petitioner). All of them have prayed for the grant of post arrest bail in NAB Reference No-47-M of 2016 arising out of case FIR No. 10 dated 13.4.2016 under Sections 420, 409, 109, 468, 471, 477-A, PPC read with Section 5(2) of Prohibition of Corruption Act, 1947 registered at Police Station FIA/CBC Circle, Multan.
2. 2.Precisely the prosecution case is that petitioners while misusing their official positions committed fraud/embezzlement with public exchequer to the tune of Rs. 45,09,62,910/- through ghost pension vouchers in order to gain pecuniary advantage.
3. 3.The instant petitions have been moved on the grounds that the allegations leveled in the Reference against the petitioners are totally baseless and false; that so far no plausible or cogent evidence is collected by the prosecution/NAB to connect the petitioners with the alleged commission of offence. Learned counsel submits that all. allegations are fake and there is no evidence against the petitioners available on record to show that they mis-appropriated any amount or committed the offence of criminal breach of trust. Lastly maintained that petitioners are behind the bars and no more required for further investigation, hence, petitioners be ordered to be released on post arrest bail.
4. 4.Learned Additional Deputy Prosecutor General for NAB, on I the other hand, has opposed these petitions on the grounds that prima facie case is made out against the petitioners punishable under Section 10 of the National Accountability Ordinance, 1999 and as concession of bail is not allowed under, the statute the petitioners are not entitled for any such concession in constitutional jurisdictions as they being officials of National Bank of Pakistan as well as District Accounts Office, Muzaffargarh prepared fake record and facilitated each other to cause huge loss to the public exchequer.
5. 5.. We have heard the learned counsel for the parties at length and perused the record with their able assistance.
6. Admittedly interim Reference has already been filed by NAB against the accused including present petitioners in the Accountability Court at Multan in which proceedings are in progress.
6. During interrogation the Investigating Officer of NAB has found them involved in the commission of crime. Petitioners have caused huge loss to public exchequer to the tune of Rs. 45,09,62,910/, During remand they were confronted with documentary evidence in the shape of ghost pension vouchers, pass books, etc. to which they had no plausible explanation to justify their respective positions.
7. During arguments learned counsel representing each petitioner attempted to shift blame to co- accused but it was responsibility of each official to check the documents presented but all of them failed indicating their being privy to the crime. The offence with which the petitioners have been charged falls within the prohibitory clause. At this stage we find no valid ground to grant them concession of bail. Resultantly, all these petitions being meritless are dismissed.