Through this petition under Article-199 of the Constitution of Islamic Republic of Pakistan, 1973, filed by petitioner Muhammad Saghar Nisar , seeks post arrest bail in ACR No. 78/2018, as his pardon was accepted by the competent authority .
2. Briefly , the allegation against the petitioner is that he in connivance with co-accused, lured the general public to invest in M/s. MNM Motorcycles (Pvt.) Ltd. And offered that on investment of Rs. 25,000/- by the members of general public to the company , they will return Rs. 36,000/- or a China Motorcycle as profit after 45-days but they neither retuned the invested amount nor gave motorcycle to the members and after inquiry by the FIA authorities, it was found that the members of public-at-large invested the huge amount of Rs. 500/-, millions in the said company , which was misappropriated by the accused.
3. At the very outset, learned Special Prosecutor for NAB submits, that the petitioner while accepting the tender of pardon, got his statement recorded as required under Section 26 of the National Accountability Ordinance, 1999 and now his status has been changed from the accused to that of the witnes s. Learned Law Officer has no objection for grant of post arrest bail to the petitioner .
4. Heard. Record perused.
5. Record further depicts that the co-accused namely' Muhammad Ali, Muhammad Umair Hussain, Jamil Hassan, Malik Shahbaz Ahmad and Muhammad Kashif, Hafiz Muhammad Khalid, Muhammad Yousaf and Muhammad Waqas have already been granted post arrest bail by this Court vide order dated 18.02.2021 W.P. Nos. 4521 6, 18664, 22389, 23234, 22271, 38468, 18360 and 18668 of 2020. The role of co-accused is also identical to that of the present petitioner . As the petitioner has got his statement recorded before the NAB authorities, as required in terms of Section 26 of the National Accou ntability Bureau in order to become witness and now his status has been changed from accused to that of the witness with approval of the competent autho rity, as confirmed by the learned Special Prosecutor for NAB. The petition er is behind the bars since his arrest and is no more required for further investigation. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period.
Even otherwise, prosecution itself has no objection for his release on post arrest bail.
6. In view of what has been said above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 500,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.