MALIK HAQ NAWAZ, J.---Through this writ petition the petitioner has sought and prayed for post arrest bail in the reference No,501329/2014/INQ /GB/ 11122015/MAK registered at NAB(R) Sub. Office Gilgit.
2. The brief allegations, which are mentioned and annexed with warrant of arrest dated 24.01.2016 are reproduced as under for the purpose of convenience:-- "Statement of offences:- Corruption and Corrupt practices under Section 9 (a) (i), (ii), (iv), (vi), (vii) & (xii) of National Accountability Ordinance 1999.
Grounds of Arrest/Gist of Allegations:- He willfully, knowingly and with criminal intent while misusing his authority gave undue and illegal fvours/benefit to the trader at Sost Border dry Port and failed to exercise his authority to prevent through following acts/omissions:-
1. That during the period 2012-13, Muhammad Issa was performing his duty as Cashier at. NBP Sost Branch.
2. That it was his duty to receive earned custom duty from traders/clearing agents.
3. The stamps, the GDs without receiving the amount which were later and to clear the goods from custom authorities.
Sufficient incriminating evidence is available on record which connects the accused with the offence for causing loss to national exchequer to the tune of Pak Rs, 218 million in collusion and connivance of other accused persons (Bank officials and traders/clearing agents) for which he is jointly responsible."
3. The learned counsel for the petitioner argued that two main and principal accused namely Izat Baig Manager NBP Sost and one Kafayat Ullah a recovery officer NBP Sost branch have been discharged from the case after settling "Plea bargain" with the NAB authorities. The learned counsel further submitted that detention of the petitioner in jail will not serve any purpose as all the evidence so far collected by the NAB authorities is documentary evidence and there are no chances of tampering with the prosecution evidence if the petitioner is allowed bail facility. The learned counsel further argued that the petitioner has to prepare his defense which he wants to produce at the time of trial and he cannot lay hands on those documents, which will be necessary to rebut the allegation of NAB. The learned counsel forcefully argued that since long detention of the petitioner, no substantial progress has been made by the NAB and early conclusion of trial is not insight In near future. The learned counsel relied on PLD 2003 SC 525, 2014 PCr.LJ 186 and 2015 YLR 108 in support of his contentions.
4. On the other hand the learned Special Prosecutor NAB vehemently opposed the bail petition and submitted that the petitioner/accused is not entitled for concession of bail as he was Cashier in the NBP Sost branch and was the ever first person to collect cash and make necessary entries in the cash register, and without his active connivance this megal financial scam could not have taken place. The learned Special Prosecutor NAB further submitted that the two co-accused who were discharged entered into "Plea Bargain" with NAB authorities and the deal was finally approved by the Chairman NAB as a consequence of the above settlement they were discharged from their liabilities. Per learned Special Prosecutor NAB the case of the petitioner is distinguishable from the cases of two accused discharged after adopting proper procedure provided in NAB Ordinance.
5. We have heard both the parties at a considerable length and perused the record and also the law cases cited at bar. The petitioner was a Cashier at NBP Sost branch and was responsible to collect cash from the customers. He was the ever first person, without whose connivance, it was not possible for superiors to commit such a huge crime, wherein a loss of about 2.2 billion was caused to the government exchequer. It is a big financial scam of Gilgit-Baltistan and we feel that foundation of this scam was laid by the petitioner. He is prima facie linked with the offence and extra ordinary relief of bail cannot be allowed to him, which is even otherwise barred by section 9(b) of NAB Ordinance 1999.
6. The result of above discussions is that the petition for bail is dismissed being meritless. However the learned Judge Accountability Court is directed to expedite trial of the case. A copy of this order be sent to the learned Judge Accountability Court Gilgit-Baltistan for implementation/ appliance.