ALI BAIG, J.---Through the instant writ petition filed under Article 71(2) of the Gilgit Baltistan and Empowerment and Self Governance) Order, 2009 read with enabling Artiles of the Constitution of Islamic Republic of Pakistan, 1973 and section 497, Cr.P.C. the petitioners namely Nizam-ud-Din son of Fakhar-ul-Islam, Sir Syed Ahmed son of Muhammad Musa and Shah Zareen son of Wali- urRehman have sought post arrest bail, who have been arrested by National Accountability Bureau (NAB) authorities on the allegations of commission of offence of corruption and corrupt practices in exercising of powers under section 34-A read with section 18 (e) and 24-A of NAB Ordinance vide warrant of arrest dated 9th February, 2018.
2. Although the above named petitioners/accused have filed separate three writ petitions but we intend to dispose of all these three writ petitions bearing No,WP-50/2018, WP-59/2018 and WP- 62/2018, through this common judgment as all three above named petitioners/ accused are involved in the same offence and common question of law and facts are involved in all three writ petitions.
3. Succinctly, allegations against the present petitioners/accused are that petitioner No,1 namely Nizam-ud-Din was serving as Deputy Director Agriculture Diamer, petitioner namely Sir Syed "Ahmed was serving as Agriculture Officer/DDO Agriculture Department Diamer and Shah Zareen was serving as L.D.C./ Cashier in Agriculture Department GB, Diamer. The above named petitioners/accused in connivance with each others have allegedly embezzled huge amount/fund causing loss to the national exchequer.
4. The learned counsel appearing on behalf of the petitioners contended that the petitioners/accused are innocent and they have falsely been implicated in this case. The learned counsel for the petitioners/ accused further argued that petitioner/accused namely Nizam-ud-Din is a chronic patient of diabetics and was under treatment before his arrest and he is suffering due to lack of proper health facilities in jail. The learned counsel for the petitioners further argued that the petitioners/accused were arrested on 19th February, 2018 but despite lapse of almost four months the Prosecution/NAB authorities have failed to submit report/ reference in the trial court whereas NAB authorities are bound to submit reference within three months, hence the petitioners/accused are entitled for concession of bail.
5. Conversely, the learned Special Prosecutor NAB vehemently opposed these writ petitions by contending that since the petitioners have wilfully mis-appropriated huge amount and have caused loss to the government exchequer by misusing their official powers/authority, therefore, the present petitioners/accused are not entitled for concession of bail. The learned Special Prosecutor NAB further argued that the Agriculture Department had constituted inquiry committee consisting of Dr. Fazal-ur-Rehman (Director Agriculture) and Mr. Ghulam Mustafa Deputy Director Agriculture and the aforesaid inquiry committee has held the petitioners/accused responsible for mis- appropriation of funds, hence the petitioners/ accused are connected with the commission of alleged offence.
6. We have given our thoughtful consideration to the arguments advanced by the learned counsel for the parties and perused the record.
7. From perusal of comments furnished by the Special Public Prosecutor on behalf of NAB authorities it transpires that Rs,24 Million public money/fund was allocated to the D.D Agriculture Office Diamer in various heads for completion of some projects and other purposes.
Petitioner/accused Nizam-ud-Din was performing his duty as Deputy Director Agriculture Diamer, petitioner/accused namely Sir Syed Ahmed was performing his duty as Agriculture Officer/DDO in the office of DD Diamer whereas petitioner/accused namely Shah Zareen was performing his duty as LDC/Cashier in the office of DD Agriculture Diamer. Reportedly, the above named petitioners have mis-appropriated the allocated funds in connivance with each other. Accordingly, the competent authority had constituted Inquiry Committee comprising of Dr. Fazal-ur-Rehman Director Agriculture and Ghulam Mustafa D. D Agriculture. The committee after conducting inquiry has come to the conclusion that the petitioners/accused have mis-appropriated funds/public money meant for completion of various projects by misusing their authority and thereafter the NAB officials have also investigated the case of the petitioners/accused and have found the petitioners/accused that they have committed the alleged offence and accordingly they have been arrested. The learned counsel for the petitioners/ accused stated in his arguments that petitioner/ accused namely Nizam-ud-Din is a diabetics patient but the learned counsel for the petitioner has failed to produce any valid medical certificate or opinion of Medial Board in this respect.
8. From tentative assessm ent of material collected by the Investigation Agency during investigation it reveals that the petitioners/accused are prima facie connected with commission of the alleged offence.
9. The upshot if above discussion is that these writ petitions are devoid of any force which is hereby dismissed. Consequently, bail is declined to the petitioners/accused.
10. The findings/observations made herein above are tentative in nature and would not prejudice case of either party at trial. Certified true copy of this judgment be placed on writ petition files bearing Nos .WP-59/2018 and WP-62/2018. File.