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 NO.549-K OF 2019 
(Against judgment dated 4.10.2019 passed by High Court of Sindh at Karachi 
passed in CP. D.-182/2019)  
 
Gulab Khan 
…Petitioner (s) 
 
Versus 
 
The Chairman (NAB) and another 
…Respondent(s) 
 
For the Petitioner (s) 
: Mr. M. Anwar Tariq, ASC 
 
  
For the NAB 
: Mr. 
Sittar 
Sahil, 
Special 
Prosecutor NAB 
Mr. 
Hassan 
Akbar, 
Addl. 
Prosecutor General NAB with 
Jawaad Hassan, I.O./Deputy 
Director NAB 
 
 
 
 
 
 
 
  
Date of Hearing 
: 18.12.2019 
 
ORDER 
 
 
QAZI MUHAMMAD AMIN AHMED, J.-Ghulab 
Khan, petitioner herein, seeks admission to bail. As Secretary 
Karachi Port Trust Officers Cooperative Housing Society, he is 
accused alongside others in NAB Reference No.11 of 2018 for having 
unauthorizedly doled out commercial/residential plots to the non-
members after interpolating minutes of the meetings; loss incurred 
by the society is estimated as 11.73 Billions. It is further alleged that 
he diverted the amounts so received to his own coffer. Having 
surrendered the plots as well as claims thereon, all the co-accused 
have since been released on bail by the High Court of Sindh. 
Considered distinguishly placed, he has been denied the concession 
vide impugned order dated 4.10.2019.  
2. 
 
Learned counsel for the petitioner contends that 
notwithstanding the accusation, the petitioner, nonetheless, is 
identically placed and as such there was no occasion for the learned 
High Court to decline the request. It has been pointed out that 
CIVIL PETITION NO.549-K OF 2019.  
 
 
 
 
 
 
 
2 
 
allegation of petitioner having diverted funds into his own chest is not 
supported by evidence and, thus, the distinction vis-a-vis the  
co-accused is not sustainable. The learned Law Officer, while 
faithfully contesting the motion, nonetheless has fairly conceded 
absence of any evidence to suggest diversion of the sale proceeds.  
3. 
 
Heard. Record perused. 
4. 
 
It is admitted at all hands that barring the petitioner, all 
the co-accused, including those placed at a higher rung, have been 
released on bail. The entire land has since been retrieved by the 
society; the allottees had also abandoned their claims. In the above 
backdrop, petitioner’s culpability, alongside his colleagues in the 
crime can be best settled after recording of evidence, during the trial 
already in progress. The learned Law Officer has not been able to 
point out evidence suggestive of any aggravated role played by the 
petitioner in the scam; he cannot be treated differently. Sauce for the 
goose is sauce for the gander. This petition is converted into appeal; 
allowed. Petitioner/appellant shall be released on bail subject to his 
furnishing bond in the sum of Rs.One Million with one surety in the 
like amount to the satisfaction of the learned trial Court. 
 
 
 
 
 
 
JUDGE 
 
 
 
 
 
JUDGE 
 
 
 
 
Islamabad, the 
18th December, 2019 
“Not Approved For Reporting” 
Azmat/* 
 
JUDGE 
 
 
 
 
