' PARVAIZ AHMAD, J.---The petitioner through the present Constitutional petition has sought bail after arrest in Reference No.31 of 2003 registered against him and 5 others under Sections 18(g) read with Section 24(b) of the National Accountability Ordinance, 1999, which is pending for trial before the Judge Accountability Court No. 2, Lahore.
2. The facts giving rise to the present Constitutional petition are that the petitioner alongwith 5 others were registered with the abovesaid criminal matter with the assertion that while he remained posted as Sub-Divisional Officer, Public Health Engineering Department, Dera Ghazi Khan alongwith his co-accused had made paymehts for certain de-watering works, which actually were not done and completed on the spot, as such certain payments were also made to the contractor through different vouchers of total sum of Rs.23,87,924. The allegation against the petitioner was for commission of offence under Section 9 read with Section 10 of the NAB Ordinance on account of misuse of his authority and causing loss to the Government having gained wrongful advantage of this amount. The petitioner apart from other grounds, touching the merits of the petition that he was never posted at the alleged place as SDO during the time of occurrence, has also prayed for bail on medical ground being a patient of hypertension and is chaemic heart disease. The petitioner in this regard was examined by the doctor of Agha Khan University, Karachi as well as he remained under treatment with Punjab Institute of Cardiology, Lahore. The report of both the doctors have been made available on record.
3. We have heard the learned counsel for the petitioner as well as learned Prosecutor for the NAB and perused the material made available before this Court.
4. The submission made by the learned counsel for the petitioner touching the merits of the reference under trial on the consideration of having not been remained posted as SDO at the time of occurrence needs no discussion on account of the facts that the Reference has already been entrusted to a Court of competent jurisdiction for trial and any observation in this regard will prejudice the case of either of the party.
5. As regard other submission of the learned counsel for the petitioner with regard to health of the petitioner, the reports of both the doctors of respective medical institutions reveal that the petitioner is patient of hypertension and is chaemic heart disease. The petitioner had to undergo Coronary Angiography for the purpose of evaluation and investigation. The petitioner was held to be suffering from mild Coronary Artery Disease and also multiple gallstones. The petitioner has also placed on record the summary of the chart prepared by the Institute of Cardiology. Apart from it the petitioner has also placed on record certified copy of the orders sheet showing that the Reference is at its initial stage and the charge in the Reference has yet not been framed.
5. In view of the above, the petitioner has been able to make out a case for post-arrest bail, as such the present writ petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.15,00,000 (Rupees Fifteen Lacs only) with one surety in the like amount to satisfaction of the trial Court, However, the petitioner is directed to surrender his passport, if any, with the trial Court. The petitioner shall also execute a personal bond that he will not leave the Country during the trial of the Reference.