Petitioner, Khalid Hussain, having failed to get post arrest bail in NAB Reference No. 12-M/2020 instituted by the NAB Authorities, Multan, from Court of learned Judge, Accountability Court-I, Multan, vide order dated 06.01.2022, has prayed the same relief through the instant constitutional petition in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
2. Precisely, allegation against the petitioner/accused contained in the above mentioned Reference is that he in connivance with other co-accused has caused loss to the WAPDA Employees Co-operative Housing Society (WECHS-III) to the tune of Rs. 8,000,000/- by not mutating/transferring the land measuring 08 kanals in the name of the society despite receiving due consideration rather the same has been further sold to a private person, hence, this case.
3. We have heard learned counsel for the petitioner, learned Special Prosecutor NAB and gone through the available record with their assistance.
4. It is noticed that a complaint was received against the officials/officers of the WAPDA Employees Co-operative Housing Society (WECHS-III), Multan and others to the NAB, Multan qua the allegation that land measuring 266 kanals and 10 marlas purchased by them in 2015, was not mutated in the name of the said society nor possession of the same was handed over to it, rather the same land was further sold out to private persons, hence, committed the offence of embezzlement /misappropriation and fraud. Accordingly, an inquiry was authorized which was upgraded into investigation. After completion of investigation proceedings, Investigating Officer has submitted final investigation report and the above said Reference has been sent to the learned trial Court against thirteen accused persons including the present petitioner. The crux of arguments of learned counsel for the petitioner was that similarly placed co-accused persons, namely, Fida Husain and Muhammad Iqbal were granted post arrest by this Court, whereas co-accused persons, namely, Muhammad Riaz, Mujahid Hussain and Jaffar Hussain, were admitted to bail by the learned trial Court. We have gone through the earlier order passed by this Court dated 16.09.2021, wherein bail to co-accused Fida Hussain and others was allowed by this Court. When confronted, learned Special Prosecutor NAB could not differentiate the case of the present petitioner from his co-accused, who have been admitted to bail but submits that case of the present petitioner stands on different footings as he after executing sale deed in favour of the society transferred the land in favour of some private persons fraudulently. But on going through the copy of Reference annexed herewith this petition, we have noticed that similar allegation of misappropriation of land mentioned therein has been leveled against the present petitioner and the above mentioned co-accused persons, who have been allowed bail. So, we believe that learned counsel for the petitioner has rightly contended that the present petitioner also deserves to be treated alike, on the touchstone of the principle of consistency. Reliance has been placed on the dictum laid down by the august Supreme Court of Pakistan in the case of "Muhammad Fazal alias Bodi v. The. State" (1979 SCMR 09). The petitioner is behind the bars since 16.09.2021 and in recent past the above said Reference has been sent by the NAB to the learned trial Court and there is no prospect of its earlier conclusion.
5. For the foregoing reasons, this constitutional petition is allowed and the petitioner is admitted to post-arrest bail, subject to his furnishing bail bond in the sum, of Rs. 5,00,000/- (Rupees five lacs) with one surety in the like amount to the satisfaction of the learned trial Court.