ISLAMABAD - The Islamabad High Court (IHC) Friday granted bail to former secretary Land Utilisation Sindh Aftab Ahmed Memon in fake bank accounts case.
A division bench of IHC comprising Justice Mohsin Akhtar Kayani and Justice Fiaz Ahmed Anjum Jandran granted bail to the former provincial secretary and directed him to furnish bail bonds in the sum of Rs.500,000 with two sureties in the like amount.
The IHC bench observed in its verdict that the record reflects that petitioner was arrested on 20.07.2019 and till date only seven witnesses have been recorded out of total 45 witnesses in the pending reference against total 18 accused persons, out of which only three have been arrested.
The court noted, “Therefore, there is no likelihood of early conclusion of trial.” It further said, “In view of above, instant petition is allowed. The petitioner is admitted to post-arrest bail subject to furnishing of bail bonds in the sum of Rs.500,000 with two sureties in the like amount to the satisfaction of learned trial court.”
The IHC bench directed, “The petitioner shall surrender his passport before the NAB authorities and his name shall also be placed on ECL by the Federal Government, till conclusion of the trial.”
Through this petition, the petitioner sought post-arrest bail in reference No.04/2019, pending with the Accountability Court No. II, Islamabad. According to the petition, the petitioner was alleged that he being Secretary Land Utilisation Department, Board of Revenue, Sindh, Karachi in connivance with other co-accused fraudulently managed to regularise 07-00 acre land in Sector 40, Scheme 33, District Malir, Karachi and got issued offer letter and challan for regularisation of 07 acre land which was subsequently mutated in favour of M/s Pink Residency.
The petitioner was also alleged that he being the member of Sindh Government Lands Committee issued fraudulent working paper and managed the regularisation of land in the Committee meeting held on 11.09.2014.
In addition to above, Memon was also alleged that he illegally, fraudulently and without authority issued offer letter dated 21.05.2018 and fraudulently got approval for regularisation of land in favour of accused Muhammad Asalm Qureshi in respect of 23-31 acre out of 30-31 acre land in Scheme 33, District Malir, Karachi despite the fact that Sindh Government Land Committee had already been dissolved by the Government of Sindh.
The counsel for the petitioner contended that petitioner was arrested on 07.03.2019 and as such reference has been filed but despite the fact that reference is pending with the court but no material progress has been carried out, even first post-arrest bail application was dismissed vide order dated 23.04.2020 on merits whereby direction was issued to the learned trial court seized with the matter to conclude the trial within next eight months but despite direction matter has not yet been concluded.
He adopted that the petitioner is now seeking his post-arrest bail on medical ground due to his deteriorating health coupled with his serious medical condition; that ailment of the petitioner is life threatening as petitioner has undergone five angiography and three angioplasty since 2011 and is also suffering from ischemic heart disease since 2013.
The counsel maintained that statements of only six witnesses have been recorded so far in the trial court and as such delay has not been caused due to the petitioner in the trial.
Special Prosecutor NAB contended that this is second post-arrest bail of petitioner, filed on fresh medical ground and as such petitioner has been treated in jail hospital accordingly and there is no bar for hospitalisation of petitioner in any of the hospital of his choice or the available hospital in the twin cities.
He argued that even he has been admitted in PIMS when petitioner has felt chest pain, therefore, grant of post-arrest bail will not serve the purpose rather a direction be issued to the trial court as well as to the jail authorities to ensure timely medical treatment of the petitioner.