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.3031/2021,  1183/2021, 
1184/2021 and 1290/2021 
(Against 
the 
order 
dated 
17.03.2021 
in 
Const.  
P.D-665/2019, 469/2020, 358/2020 and order dated 
10.3.2021 in Const. P. No.D-598/2019 passed by the High 
Court of Sindh) 
 
 
Maqbool Ahmed Mahessar & 2 others 
(in C.P.3031/2021) 
Hafiz Suhail Ahmed & 3 others 
(in C.P.1183/2021) 
Muhammad Pariyal Solangi 
(in C.P.1184/2021) 
Nasrullah 
(in C.P.1290/2021) 
…Petitioner(s) 
 
 
 
 
Versus 
NAB through its Chairman and others 
(in all cases) 
 
     …Respondent(s) 
                
 
For the Petitioner(s): 
Mr. 
Mohammad 
Kassim 
Mirjat, 
ASC/AOR 
 
(In CP.3031/2021) 
 
Mr. Zulfiqar Khalid Maluka, ASC 
 
(In CP.1183, 1184,1290/2021) 
 
For the NAB: 
Abdus Sattar Awan,  
 
Special Prosecutor, NAB. 
 
(in all cases) 
 
Date of hearing: 
 
 
04.05.2021  
 
ORDER 
 
 
  
Qazi Muhammad Amin Ahmed, J.- Issue raised in 
the captioned petitions is identical with the one earlier attended 
and disposed of by this Court in a good number of cases, vide 
order dated 14.04.2021 whereby bail petitions both pre as well as 
post arrest, in different NAB references, allowed by a learned 
Division Bench of High Court of Sindh at Sukkur Bench, in lieu of 
deposit of amounts allegedly embezzled by the accused named 
therein, were remitted for decision afresh in accord with the law 
declared by this Court in the case of Talat Ishaq Vs. National 
Accountability Bureau (PLD 2019 Supreme Court 12).   
2 
 
 
Civil Petition Nos.3031/2021, 1183/2021, 1184/2021 and 
1290/2021 
 
From amongst the petitioners, Hafiz Sohail (C.P.1183/2021), 
Muhammad Pariyal Solangi (C.P.1184/2021) and Nasrullah  
(C.P. 1290/2021) are not in attendance, statedly, on account of 
Covid restrictions, standing in impediment to their journey to the 
Court; their attendance is dispensed with; they, along with  
co-accused, present before the Court, by impugned orders, each 
structured on consent, have been admitted to 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. Such directions for release of an accused on 
bail have since been held by this Court as ultra vires in judgments 
more than one. An accused seeking bail desires transfer of his 
custody from Superintendent of the Jail, where he is confined, to 
his surety who undertakes his production as and when required by 
the Court and for that he has to make out a case in accordance 
with the law applicable thereto; he cannot be allowed or required to 
barter his freedom. In the supra 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 the supra case; there is no other way out. Similarly, 
grant of pre-arrest bail in a cognizable/non-bailable offence is 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 is based upon equity and cannot be 
extended in every run of the mill criminal case prima facie founded 
upon incriminatory evidence, warranting custody for investigative 
purposes. 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; impugned orders being inconsistent 
therewith cannot sustain. Petitions are converted into appeals and 
allowed; orders impugned are set aside. 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 
3 
 
 
Civil Petition Nos.3031/2021, 1183/2021, 1184/2021 and 
1290/2021 
 
(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. 
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.  
 
 
Judge 
 
Judge 
 
Judge 
Islamabad 
4th May, 2021 
Azmat/* 
