IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Qazi Muhammad Amin Ahmed 
Mr. Justice Amin-ud-Din Khan 
 
 
Civil Petition Nos.4029, 4070, 4092, 4110, 4111, 4112 & 4131 of 2019 
(Against order dated 5.11.2019 passed by High Court of Sindh at 
Sakhar in C.Ps. Nos.D-364/2019, D-365/2019, D-1408/2016,  
D-837/2016,D-892/2016,-D1905/2016,D-1825/2016,D-241/2015 & 
D-2088/2014, respectively) 
 
 
Mir Muhammad & another 
(in C.P. No.4029 of 2019) 
Tariq Hussain 
(in C.P. No.4070 of 2019) 
Sher Muhammad 
(in C.P. No. 4092 of 2019) 
Ayaz Ahmed Soomro 
(in C.P. No. 4110 of 2019) 
Ali Gul Phull 
(in C.P. No. 4111 of 2019) 
Ghulam Nabi 
(in C.P. No. 4112 of 2019) 
Ghulam Sarwar 
(in C.P. No. 4131 of 2019) 
 
 
  
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
NAB through its chairman & others 
(in all cases) 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Muhammad Munir Paracha, ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
(In C.P. No.4029/2019) 
 
Mr. Shahab Sarki, ASC 
 
Mr. M.S. Khattak, AOR 
 
(In C.P. No.4070, 4131/2019) 
 
Mr. Aftab Alam Yasir, ASC 
 
(In C.P. No.4131/2019) 
 
Mr. Qasim Mir Jat, ASC/AOR 
 
(In C.P. No.4092/2019) 
 
Syed Qalb-i-Hussain, ASC 
 
Mr. M.S. Khattak, AOR 
 
(In C.P. No.4110-4112/2019) 
 
 
For the NAB: 
Syed Nayyar Abbas Rizvi, Prosecutor General 
NAB. (in all cases) 
 
 
 
Date of hearing: 
26.11.2019 
 
Civil Petition Nos.4029, 4070, 4092, 4110, 4111, 4112 & 4131 of 2019 
 
2
 
ORDER 
 
 
      Qazi Muhammad Amin Ahmed, J. Declined by the High 
Court of Sindh, the petitioners seek bail in anticipation to their 
arrest in NAB Reference No.1 of 2019, filed in pursuance to direction 
dated 20-1-2016 by the High Court of Sindh to initiate an inquiry/ 
probe into the alleged misappropriation of funds in execution of 
Annual Development Plan of Irrigation (E&W) Khairpur for the years 
2013-14, 2014-15. It turned out that except for some partial work, 
no work was executed at all; loss to the exchequer was calculated as 
Rs.8,93,03,470. 
2.  
Sher Muhammad, Ayyaz Ahmed Somro, Ali Gul Phull and 
Ghulam Nabi are officials of the Irrigation Department whereas Meer 
Muhammad, Sodoro, Ghulam Sarwar and Tariq Hussain, being 
contractors, have been arrayed for their connivance in the scam to 
defeat the exchequer.  
3.  
Learned counsel for the petitioners are in a unison; their 
arguments include execution/completion of projects as per codal 
requirements; 
according 
to 
them, 
it 
is 
evident 
from 
the 
survey/inspection report itself. The bottom line is that the projects 
were executed in the year 2014 and, thus, there was no occasion 
down the road in the year 2018, that too, in the month of August 
when the canal ran in full swing, to physically detect any 
flaw/deficiency in the executed work. Mr. Muhammad Munir 
Paracha, ASC went a step further to argue that his client never 
applied 
for 
the 
project 
and 
was 
instead 
unsuspectingly 
impersonated by someone else; according to him, no amount ever 
landed in his account and was, thus, blameless; malafide is lurking 
behind the intended arrest, concluded the learned counsel with one 
voice. The learned Law Officer has faithfully contested the pleas by 
arguing that there was ample technical and documentary evidence 
to inescapably frame the petitioners with the charge; he has prayed 
for dismissal of the petitions. 
4.  
Heard. Record perused. 
5.  
It was on a complaint alleging violation of rules as well as 
embezzlement in the project that the High Court of Sindh directed a 
probe, on the basis whereof, physical verification by the experts 
found non-execution of various planks of the project as well as 
partial completion of the work, found much less than the required 
Civil Petition Nos.4029, 4070, 4092, 4110, 4111, 4112 & 4131 of 2019 
 
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standards. In this backdrop, malafide cannot be conceivably 
attributed to the initiation of proceedings against the petitioners, in 
absence whereof, they cannot claim judicial protection in a 
prosecution that otherwise sans relief of bail. While refusing bail to 
the 
petitioners, 
the 
learned 
High 
Court 
has 
directed 
the 
Accountability Court to conclude the trial within a period of three 
months requiring the accused to cooperate in the conclusion thereof, 
an option to conveniently vindicate their position sooner rather than 
later.  
 
 
Grant of pre-arrest bail is an extraordinary remedy, 
essentially rooted into equity, a judicial power to be cautiously 
exercised with a view to protect the innocent from the horrors of 
abuse of process of law, in prosecutions initiated by considerations 
and for purposes stained with the taints of malafide; this judicial 
protection is not to be extended in every run of the mill criminal 
case, with pleas structured on bald denials and parallel stories. View 
taken by the learned High Court being well within the remit of law 
does not call for interference. Petitions fail. Dismissed. Leave 
refused. 
 
 
 
Judge 
 
 
 
 
Judge 
 
 
 
 
Judge 
Islamabad  
26th November, 2019 
Azmat/-