ISLAMABAD - Supreme Court of Pakistan on Friday dismissed Sindh High Court (SHC) orders to allow pre and post arrest bails to the petitioners involved in corruption cases.
A three-member bench of the apex court headed by Justice Mushir Alam and comprising Justice Yahya Afridi and Justice Qazi Muhammad Amin Ahmed conducted hearing of the appeals against the SHC orders to allow bail petitions both pre as well as post arrest to accused Maqbool Ahmed Mahessar, Hafiz Suhail Ahmed, Muhammad Pariyal Solangi, Nasrullah and others.
The SHC had admitted the petitioners’ pre-arrest bails in different NAB references with a direction to furnish deposits equivalent to the amounts allegedly embezzled by them at the cost of public exchequer. The apex court said that such directions for release of an accused on bail had since been held by this Court as ultra vires in judgements more than one.
The SHC was ordered to make decision afresh in accordance with the law declared by this court in the case of Talat Ishaq Vs National Accountability Bureau (PLD 2019 Supreme Court 12)
The court said that in Talat Ishaq Vs National Accountability Bureau case considerations for grant of post arrest bail to an accused confronting charge under the NAB Ordinance have clearly been illustrated, therefore, an accused facing indictment in a NAB reference has to qualify the parameters set down in that case; there is no other way out.
The bench added that similarly, grant of pre-arrest bail in a cognizable/non-bailable offence was a remedy, most extraordinary in the nature of judicial protection, extended by diverting usual course of law for the sole purpose of protecting reputation and honour of an innocent citizen, being hounded through abuse of process of law for purposes sinister and oblique; the protection was based upon equity and could not be extended in every run of the mill criminal case prima facie founded upon incriminatory evidence, warranting custody for investigative purposes.
The Court said that the protection was devised in Hidayat Ullah Khan’s case (PLD 1949 Lahore 1) and the principles laid down therein are being faithfully followed till date.
It noted that the SHC impugned orders being inconsistent therewith cannot sustain. Petitions are converted into appeals and allowed; orders impugned are set aside. The bail petitions filed by the appellants before the High Court of Sindh shall be deemed as pending for decisions afresh; they shall 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 fall of 3rd week of the month; they shall appear in person before the Court on a date notified by the office.
The court said that 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.