IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
MR. JUSTICE MUSHIR ALAM 
MR. JUSTICE YAHYA AFRIDI 
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
 
 
Civil Petition Nos.1017/2021 to 1020/2021, 
1077/2021 to 1091, 1093 to 1102/2021, 
1123/2021 
to 
1146/2021, 
1278/2021 
to 
1288/2021, 442-K/2021 and C.M.A. No.418-
K/2021 
(Against 
the 
order 
dated 
02.03.2021 
in 
Const.  
P.D-299/2017, order dated 10.3.2021 in Const. P. Nos. 
D-599, 546/2019, 4740, 4423/2016, 543, 537/2019, 
1262/2020, 443/2018, 541/2019, 3067/2016, 569/2019, 
528/2018, 944/2019, , 541/2018, , 493/2018, 472/2018, 
923/2018, 473/2018, 497/2018, 460/2018, 644/2018, 
627/2018, 474/2018, 423/2018, 1203/2018, 728/2018, 
1593/2018, 626/2018, 624/2018, 522/2018, 516/2018, 
527/2018, 665/2018, 573/2018, 492/2018, 625/2018, 
568/2019, 314/2019, 520/2018, 770/2018, 1376/2019, 
1376/2019, order dated 17.3.2021 passed in Const.  
P. D-1175/2020, 1160/2020, 1243/2020, 1168/2020, 
1162/2020, 966/2020, 1157/2020 and order dated 
16.3.2018 passed in Const. P. Nos. D-688, 704, 708, 743, 
649 and 904 of 2019) 
 
 
Tariq Ahmed 
(in C.P.1017/2021) 
Abdul Rasheed Malik 
(in C.P.1018 /2021) 
Khadim Hussain 
(in C.P.1020/2021) 
Ali Madad Laghari 
(in C.P.1019 /2021) 
Agha Khaliq Ahmed Khan 
(in C.P.1077 /2021) 
Noor Ahmed 
(in C.P.1078 /2021) 
Asif Iqbal and others 
(in C.P.1079/2021) 
Bilal Khan 
(in C.P.1080/2021) 
Inayatullah 
(in C.P.1081/2021) 
Amir Ali 
(in C.P.1082/2021) 
Tariq Ahmed Pathan 
(in C.P.1083/2021) 
Ghulam Ali Gopang and others 
(in C.P.1084/2021) 
Ghulam Hussain Siming 
(in C.P.1085/2021) 
Abdul Jabbar Shaikh 
(in C.P.1086/2021) 
Muhammad Saleem Shaikh and another 
(in C.P.1087/2021) 
2 
 
 
Civil Petition Nos.1017/2021 to 1020/2021, 1077/2021 to 1102/2021, 1123/2021 to 
1146/2021, 1278/2021 to 1288/2021, 442-K/2021 and C.M.A. No.418-K/2021 
 
 
Asmatullah 
(in C.P.1088/2021) 
Touseef Ahmad Shaikh 
(in C.P.1089/2021) 
Sanaullah Memon  
(in C.P.1090/2021) 
Abdul Shakoor Sheikh 
(in C.P.1091/2021) 
Muhammad Ali Ujjan 
(in C.P.1093/2021) 
Irshad Ali Kalhoro and another 
(in C.P.1094/2021) 
Muhammad Yousif 
(in C.P.1095 /2021) 
Didar Ali 
(in C.P.1096/2021) 
Sikandar Ali and another 
(in C.P.1097/2021) 
Naseer Shah 
(in C.P.1098/2021) 
Zakaullah 
(in C.P.1099/2021) 
Munawar Ali and others 
(in C.P.1100/2021) 
Abid Hussain 
(in C.P.1101/2021) 
Muhammad Nihal 
(in C.P.1102/2021) 
Imdad Hussain 
(in C.P.1123/2021) 
Ghulam Ali Gopang 
(in C.P.1124/2021) 
Nazar Muhammad and another 
(in C.P.1125/2021) 
Bilal Khan 
(in C.P.1126/2021) 
Muhammad Paryal 
(in C.P.1127/2021) 
Kamran Ali 
(in C.P.1128/2021) 
Rafique Ahmad 
(in C.P.1129/2021) 
Imtiaz Ali Mangi 
(in C.P.1130/2021) 
Fida Hussain Mangi 
(in C.P.1131/2021) 
Abdullah and others 
(in C.P.1132/2021) 
Aijaz Ali Rahooju 
(in C.P.1133/2021) 
Shakeel Ahmad Kalar 
(in C.P.1134/2021) 
Abdul Jabbar and another 
(in C.P.1135/2021) 
Shakeel Ahmad 
(in C.P.1136/2021) 
Mushtaq Ahmad Channa 
(in C.P.1137/2021) 
Mushtaq Mangi 
(in C.P.1138/2021) 
3 
 
 
Civil Petition Nos.1017/2021 to 1020/2021, 1077/2021 to 1102/2021, 1123/2021 to 
1146/2021, 1278/2021 to 1288/2021, 442-K/2021 and C.M.A. No.418-K/2021 
 
 
Lashkar Khan 
(in C.P.1139/2021) 
Aamir Ali 
(in C.P.1140/2021) 
Riaz Nawaz and others 
(in C.P.1141/2021) 
Ghulam Sarwar and others 
(in C.P.1142/2021) 
Sajid Hussain 
(in C.P.1143/2021) 
Naveed Akhtar and others 
(in C.P.1144/2021) 
Qamar-ud-Din 
(in C.P.1145/2021) 
Ali Asghar Nagor and another 
(in C.P.1146/2021) 
Ghulam Shabbir and others 
(in C.P.1278/2021) 
Asif Ali 
(in C.P.1279/2021) 
Abdul Razzak 
(in C.P.1280/2021) 
Asadullah 
(in C.P.1281/2021) 
Gohar Hussain 
(in C.P.1282/2021) 
Farman 
(in C.P.1283/2021) 
Nasrullah 
(in C.P.1284/2021) 
Ikhlaque Ahmad Joyo and others 
(in C.P.1285/2021) 
Hafeezullah Peerzado 
(in C.P.1286/2021) 
Ahsan Ali Memon 
(in C.P.1287/2021) 
Khalil Ahmed  
(in C.P.1288/2021) 
Sarwar Hussain  
(in C.P.442-K/2021 in C.M.A No.418-K/2021 in C.P.442-K/2021) 
 
…Petitioner(s) 
 
 
 
 
Versus 
 
NAB through its Chairman and others 
(in all cases) 
 
     …Respondent(s) 
                
 
For the Petitioner(s): 
Mr. Shah Khawar, ASC 
 
Mr. Mehmood A. Sh, AOR 
 
(In CP.1017-1020/2021) 
 
 
Mr. Zulfikar Khalid Maluka, ASC 
 
(In CP.1077-1084, 1095-1102, 1123-
1146, 1278-1282/2021) 
 
 
 
Mr. Mukesh Kumar G. Karara, ASC 
 
Mr. M. Kassim Mirjat, AOR 
4 
 
 
Civil Petition Nos.1017/2021 to 1020/2021, 1077/2021 to 1102/2021, 1123/2021 to 
1146/2021, 1278/2021 to 1288/2021, 442-K/2021 and C.M.A. No.418-K/2021 
 
 
(In CP.1085-1091, 1093-1094/2021) 
 
 
 
Malik Mumtaz Hussain Jai, ASC 
 
Mr. Mehmood A. Sh, AOR 
 
(In CP.1283-1288/2021) 
 
 
 
 
Ms. Abida Parveen Channar, ASC/AOR 
 
(In CP.442-K/2021 & CMA.418-K/21) 
 
For the NAB: 
Abdus Sattar Awan, Special 
Prosecutor, NAB. 
 
Mr. M. Hasan Akbar, Additional 
Prosecutor General, NAB 
 
(In all cases) 
 
Date of hearing: 
 
 
14.04.2021  
 
ORDER 
 
 
  
Qazi Muhammad Amin Ahmed, J.- The petitioners 
are arrayed as accused in different NAB references; they were 
admitted to bails, both anticipatory as well as post arrest by a 
learned Division Bench of High Court of Sindh at Sukkur in 
different Constitution Petitions, allowed on different dates in lieu of 
deposit of amounts allegedly embezzled by the each petitioner, 
vires whereof are being assailed. With unanimity it is argued that 
not only the stipulated condition is alien to law but also virtually 
tantamount to denial of relief that too foreclosing further avenues 
for the petitioners. The learned Additional Prosecutor General NAB 
has assailed the impugned orders as well and with reasons more 
than one. According to the learned Law Officer, there existed 
irrefutable overwhelming evidence, documentary in nature, in each 
case that prima facie framed the accused with the impugned 
transactions heavily incurring upon the exchequer; he has further 
argued that in the absence of any element of mala fide there was 
no occasion for the learned Division Bench to extend judicial 
protection to the accused merely upon realization of embezzled 
amounts.  
2. 
 
Heard.  
3. 
 
Be that as it may, a wholesale treatment of motions 
seeking bails, pre-arrest as well as post arrest, in an omnibus 
manner, in isolation to the distinct facts and circumstances of 
each case as well as different legal regimes applicable thereto, fails 
to commend our approval. Exasperating delay in disposal of some 
5 
 
 
Civil Petition Nos.1017/2021 to 1020/2021, 1077/2021 to 1102/2021, 1123/2021 to 
1146/2021, 1278/2021 to 1288/2021, 442-K/2021 and C.M.A. No.418-K/2021 
 
of the petitions has also been viewed by us with disquiet, as it 
appears 
to 
have 
obstructed 
the 
investigative 
process 
by 
unnecessarily placing the prosecution in a disadvantageous 
position; it is equally discomforting to a claimant who justifiably 
seeks judicial protection. Petitions are converted into appeals and 
allowed; orders impugned are set aside. Bail petitions filed by the 
appellants before the High Court of Sindh are remitted and shall 
be deemed as pending for decisions afresh; Accused on pre-arrest 
bail shall be notified by the Court for their appearance and remain 
on ad-interim bail upon furnishing bonds in the sum of 
Rs.500,000/- with one surety each in the like amount to the 
satisfaction of Deputy Registrar (Judicial) of Sukkur Bench before 
the month is out. It is expected that the petitions shall be 
decided/disposed of with all convenient dispatch on their own 
merits having regard to the law declared by this Court in the case 
of Talat Ishaq Vs. National Accountability Bureau (PLD 2019 
Supreme Court 12).  
 
 
Judge 
 
Judge 
 
Judge 
Islamabad 
14th April, 2021 
Not approved for reporting.  
Azmat/Kashif*