Anoop Kumar vs State Ss — 2025 YLR 2484 KARACHI-HIGH-COURT-SINDH

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Anoop Kumar VS State Ss. 498 & 498-a---National accountability Ordinance (XVIII of 1999), Ss. 9, 10, 18(g) & 24(b)---Corruption and corrupt practices---Misappropriation or embezzlement of public funds---ad-interim pre-arrest bail, recalling of---allegation against the petitioners was that of misappropriating the pension funds of the officers of District accounts Office---Record reflected that as per the statement of allegations, officials of the District accounts Office signed and processed the fake bills in respect of pension and refund but the same were not processed as per the accounting Policies and Procedures Manual issued by Government of Pakistan, which was applicable to the Federal as well as Provincial Governments---applicant "MNB" as per allegations was a signatory of 850 bills amounting to Rs. 610, 664, 440 and the amount was posted in the fake bank accounts with the collusion of bank employees/ applicants "QB" and "GM" and other co-accused, such fake accounts were stated to be in the names of various individuals who never remained in government job and misappropriated the said amount---Furthermore 5433 pension bills and 130 refund bills were recovered during the house search of co-accused---During investigation only 1756 pension bills/vouchers out of 5433 were sorted out which pertained to MCB Bank and the applicant "MNB", co-accused signed and processed the same at the relevant time of their incumbencies---During the investigation, it surfaced that 130 bulldozers were repaired by the agricultural Department and payment was made from pensioner's accounts---applicant "IM", who was posted as Director, aE&WM, approved the fake refund bills/vouchers in favour of dummy companies allegedly owned by the contractors, who were the three applicants and other co-accused---Record showed that numerous pension and refund bills were signed and processed improperly, violating the accounting Policies and Procedures Manual issued by the Government of Pakistan---Documentary evidence linking the applicants to those fraudulent activities was substantial---allegations suggested collusion between the applicants and bank employees to create fake accounts for illicit transactions---This demonstrated a coordinated effort to engage in fraudulent activities---Investigation had revealed a vast number of fraudulent transactions, including 5433 pension bills and 130 refund bills, with a significant portion being directly linked to the applicants---Said quantity indicated a systematic approach to fraud rather than isolated incidents---Nature of the allegations and the potential impact on public confidence in government institutions warranted a cautious approach---applicants had not provided sufficient evidence to counter the serious allegations against them or to demonstrate their innocence and negate the version of NaB authorities---at the bail stage, only tentative assessment was to be made and nothing had been brought on record by the applicants to show any ill-will or mala fide on the part of the complainant/Investigating Officer of the case which was the requirement for grant of pre-arrest bail---Moreover, there was sufficient material collected by the Investigating Officer in the shape of bills, vouchers and other documents which showed that the District account officer in connivance with other Government Officers/ Servants, employees of private bank and private persons were involved in the alleged offence and inflicted loss to the government exchequer in the tune of Rs. 3.2 billion---applicants/ accused had failed to establish a case for confirmation of their ad-interim pre-arrest bail already granted to them---Petitions for pre-arrest bail were dismissed, in circumstances.

Anoop Kumar vs State Ss — 2025 YLR 2484 KARACHI-HIGH-COURT-SINDH

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