Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Official Citation: 2025 SHC 46
Court / Jurisdiction: Sindh High Court
Petitioner: Cr.Bail 45/2025 (D.B.) Sindh High Court, Circuit at Hyderabad - Qadir Bux (Applicant)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 46. In this matter between Cr.Bail 45/2025 (D.B.) Sindh High Court, Circuit at Hyderabad - Qadir Bux (Applicant) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Sindh High Court CASE NO: Cr.Bail 45/2025 (D.B.) Sindh High Court, Circuit at Hyderabad CITATION: 2025 SHC HYD 1826 PARTIES: Qadir Bux (Applicant) ORDER DATE: 18-JUN-25 BENCH: Hon'ble Mr. Justice Arshad Hussain Khan, Hon'ble Mr. Justice Syed Fiaz Ul Hassan Shah(Author) A.F.R: Yes ------------------------------------------------------------ Bail NAB Reference No.2 of 2023
P a g e 1 | 50
IN THE HIGH COURT OF SINDH, CIRCUIT COURT HYDERABAD
PRESENT: Mr. Justice Arshad Hussain Khan Mr. Justice Dr. Syed Fiaz Ul Hassan Shah.
Criminal Bail Application No.D-65 of 2025
Applicant: Mohammad Farhan Arain through Mr. Farooq H. Naek, Advocate.
Respondents: Moazam Ali Shaikh, Special Prosecutor NAB along with Waqar Anwar, Deputy Director NAB
And
Criminal Bail Application No.D-67 of 2025
Applicant: Shakil Ahmed Shaikh through Mr. Farooq H. Naek, Advocate.
Respondents: Moazam Ali Shaikh, Special Prosecutor NAB along with Waqar Anwar, Deputy Director NAB
And
Criminal Bail Application No.D-66 of 2025
Applicant: Salahuddin Rashidi through Mr. Farooq H. Naek, Advocate.
Respondents: Moazam Ali Shaikh, Special Prosecutor NAB along with Waqar Anwar, Deputy Director NAB
And
Criminal Bail Application No.D-101 of 2025
Applicant: Anand Saroop through Mr. Shahnawaz Ayoub Dahri, Advocate.
Respondents: Moazam Ali Sheikh, Special Prosecutor NAB along with Waqar Anwar, IO/Deputy Director NAB.
And
Bail NAB Reference No.2 of 2023
P a g e 2 | 50
Criminal Bail Application No.D-47 of 2025
Applicant: Altaf Hussain Gorar through Mr. Sajid Ali Gorar, Advocate.
Respondents: Moazam Ali Shaikh, Special Prosecutor NAB along with Waqar Anwar, Deputy Director NAB
And
Criminal Bail Application No.D-45 of 2025
Applicant: Qadir Bux through Mr. Sarfaraz Ali Metlo, Advocate.
Respondents: Moazam Ali Shaikh, Special Prosecutor NAB along with Waqar Anwar, Deputy Director NAB
Date of hearing: 15.05.2025
Date of decision: .06.2025
O R D E R
DR. SYED FIAZ UL HAS SAN SHAH , J. - Through the Bail Applications under section 497 Cr.P.C., the Applicants are seeking post arrest bails in in NAB Reference No.2 of 2023 ( The State v. Mushtaq Ahmed Shaikh and others ) for the offences allegedly committed under sections 9 of the National Accountability Ordinance 1999 (NAB Ordinance) and sections 3 & 4 of the Anti -Money Laundering Act 2010 (AMLA). Initially, the applicants have filed bail applications before the Accountability Court-II, Hyderabad (hereafter referred to as the “Trial Court”) which was dismissed vide Order dated 18.03.2025. 2. It may be noted that initially NAB has filed Reference No.4 of 2021 before the Accountability Court at Karachi which reference
Bail NAB Reference No.2 of 2023
P a g e 3 | 50
was transferred to the Accountability Court No.II, at Hyderabad, where it has been registered with new number Reference No.2 of 2023. 3. The brief facts as per Reference are that an inquiry on the allegations of misappropriation of pension funds by the officers of DAO, Hyderabad and others bankers, other officials and private individuals was authorized which was subsequently, converted into investig ation and after conducting investigation by the NAB the instant Reference was filed against the above named accused alongwith eighty-three other co -accused including five deceased accused persons and contractors of agriculture department in collusion with each other misused their authority and misappropriated funds amounting to Rs.3.2 Billion from pension accounts in the District Accounts Office, Hyderabad through the use of fake vouchers and fraudulent Agriculture refund vouchers thereby causing significan t loss to the national exchequer. Furthermore, the accused persons in connivance with each other allegedly committed the offence of money laundering as defined U/S 3 of the Anti -Money Laundering Act (AMLA) 2010 consequently, the accused persons allegedly c ommitted the offence of corruption and corrupt practices U/s 9(a) (i), (iii) (iv) (vi) (ix) (x) of NAO, 1999. After usual investigation on 16 -05-2022, NAB authorities filed Reference in Accountability Court -VI, Karachi which was subsequently, transferred t o Accountability Court-II, Hyderabad as Reference No.02/2023. 4. That an inquiry on the allegations of misappropriation of pension funds by the officers of DAO Hyderabad and others was authorized The Inquiry was converted into investigation on 18th
Bail NAB Reference No.2 of 2023
P a g e 4 | 50
June, 2021 u/s 9(a) of NAO 1999. The Director General on 25th December 2021 reauthorized the investigation with the inclusion of section 3 and 10 of Anti -Money Laundering Act 2010. Later on due to involvement of officers of BPS 20 and above the Chairman delegated the power to authorize the investigation on 14th March 2022 and on 15th March 2022 DG NAB (K) authorized investigation to Investigation Officer. 5. That 5433x pension bills and 130x refund bills were recovered during the house search of accused No. 1 Mushtaq Ah med Shaikh during the course investigation against him. For the purpose of investigation only 1756 x pension bills/vouchers out of 5433 x were sorted out which pertain to MCB Bank and accused persons accused No.1 Mushtaq Ahmed Shaikh, accused No. 2. Nazir Bhutto and accused No.3 Allah Bachayo Jatoi who signed and processed the same at relevant time of their incumbencies. 6. That the investigation revealed that the said pension bills were fake having fake Pension Pay Order (PPO) numbers and the same were deposi ted in the bank accounts of persons different than the names mentioned on the vouchers and 137x bank accounts of 88 individuals, mostly belonged to accused No.7 Aijaz Dawach and his family members and friends. These 137x accounts were operated at three (3) branches of MCB during period of 2010 to 2017. During investigation it was found that the total value of these 1756x is Rs. 1.165 billion. These bills were not processed as per Accounting Policies and Procedures Manual (APPM) issued by Govt. of Pakistan, which is applicable on the Federal as well as Provincial Governments. Table of signat ories of 1756 x bills as follow:
Bail NAB Reference No.2 of 2023
P a g e 5 | 50
S# Name DAO Total No. of Bills Total Amount 1. Accused No.1 Mushtaq Shaikh 891 544,244,961 2. Accused No.2 Nazir Hutto 850 610,664,440 3. Accused No.3 Allah Bachayo Jatoi 15 10,738,950 Total 1,756 1,165,648,358.00
7. That the Investigation revealed that accused No.7 Aijaz Dawach got prepared fake pension bills with fake and bogus names and PPO numbers in connivance with accused No.1 Mushtaq Ahmed Shaikh, accused No.3 Allah Bachayo Jatoi and accused No. 2 Nazir Bhutto. These 3x accused persons after placing the embossed seal in the capacity of authorized officers as ADAO -III sanctioned/signed these pension bills as authorized signatori es. Accused No.1 Mushtaq Ahmed Shaikh, Accused No.3 Allah Bachayo Jatoi and Accused No. 2 Nazir Bhutto also entered these bills in the and signed the advices along with the bills sent to SBP. During Investigation the signatures on the pension bills of the signatory accused persons were verified from the District Accounts Office and State Bank of Pakistan (SBP). 8. That the banking analysis by the banking expert of the 137x accounts revealed that in addition to Rs.1.16 billion, pertaining to 1756x Fake Pension Bills, which credited into these accounts, another amount to the tune of Rs.1.8 billion was also credited from government funds. The details have been given at para 20 of Investigation Report. 9. That during the course of investigation 44x immoveable properties of accused No.7 Aijaz Dawach and other accused persons and benamis were unearthed and have been freeze during investigation. In addition to above 9x vehicles, 1x company, 411x
Bail NAB Reference No.2 of 2023
P a g e 6 | 50
Bank accounts and live stocks have also been freeze u/s 12 of NAO 1999. 10. That the investigation also revealed accused No. 13 Akhtar Ali and his wife Ghulam Sughran accused No.59 maintained 9x accounts in which 163x fake pension entries amounting to Rs.179.40 million was found and also acquire 3x properties and 1x vehicle. Accused No . 13 Akhter Ali joined investigation and later on after getting bail he absconded. Accused No.24 Imdad Ali Dawach maintained 1x account in which 31x pension related entries amounting to Rs.35.9 million found and also acquired 2x properties. Accused No. 25 Nizamuddin Dawach maintained 4x accounts in which 164x entries amounting to Rs.144 million was found credited in his account Accused No. 28 Asad Ali Dawach maintained 5x accounts including 1x company account in which 219x fake entries were identified amoun ting to Rs.88.8. Accused No.28 Shahzad Ali maintained 4x accounts including 1x company account in which 135x pension transactions amounting to Rs.91.349 million was unearthed. Accused No.30 Ramzan Dawach maintained 3x account in which 89x fake pension entr ies were identified amounting to Rs.63.1 million. Accused Kamaluddin Dawach maintained 5x accounts including 1x company account in which 154x entries amounting to Rs.118 million were found. Accused No.32 Sajjad Ali Dawach So Tharo Kinarı maintained 4x account in which 151x fake entries amounting to Rs.88.4 were found. Accused No.33 Ahmed Ali maintained 5x account including 1x company account having 362x entries amounting to Rs.266.2 million.
Bail NAB Reference No.2 of 2023
P a g e 7 | 50
11. Accused No.56 Shazia w/o All Nawaz has 1x bank accounts which were credited with Rs.37 million from government pension funds. Accused No.57 Sheeza has 3x bank accounts which were credited with Rs.34.68 million from government pension funds. Accused No.58 Sanam has 3x bank accounts which were credited with Rs.30.03 millio n from government pension funds. Accused No.59 Ghulam Sughra has 4x bank accounts which were credited with Rs.54.96 million from government pension funds. Accused No. 60 Haleema has 4x bank accounts which were credited with Rs.124.07 million from governmen t pension funds. Accused No.61 Uzma has 3x bank accounts which were credited with Rs.124.07 million from government pension funds. Accused No.62 Marvi has 4x bank accounts which were credited with Rs.71.34 million from government pension funds. Accused No. 63 Nazeeran has 3x bank accounts which were credited with Rs.48.90 million from government pension funds. Accused No.64 Parveen has 1x bank account which was credited with Rs.2.1 million from government pension funds. Accused No.65 Hameedan has 2x bank ac counts which were credited with Rs.14.59 million from government pension funds. Accused No.66 Haneefan w/o Din Muhammad has 1x bank account which was credited with Rs.13.16 million from government pension funds. Accused No.67 Shazia has 1x bank account whi ch was credited with Rs.10.69 million from government pension funds. Accused No.68 Saima Burriro has 3x bank accounts which were credited with Rs.37.86 million from government pension funds. Accused No.69 Shahnaz Ayaz has 2x bank accounts which were credit ed with Rs.57.01 million from government pension funds. Accused
Bail NAB Reference No.2 of 2023
P a g e 8 | 50
No.70 Hameeda Begum Memon has 1x bank account which was credited with Rs.13.20 million from government pension funds. Accused No.71 Hanifaan w/o Ali Murad Khero has 2x bank accounts which were credited with Rs.20.22 million from government pension funds. Accused No.72 Sanobar has 1x bank account which was credited with Rs.51.94 million from government pension funds. Accused Panah Khatoon (late) w/o Muhammad Ramzan Dawach has 3x bank accounts wh ich were credited with Rs.28.79 million from government pension funds. 12. That in a company account of accused No.34 Mehboob Ali Arain was credited with Rs.24 million and 3x vehicles were also found on his name. Accused No.35 Muhammad Moosa Khokhar has 1x bank account which was credited with Re:88.97 million government pension funds. Accused No.36 Muhammad Yaqoob has 2x bank accounts which were credited with Rs.30.32 million from government pension funds. Accused No.37 Azizullah khoso nas ix bank account which was credited with Rs.21.27 million from government pension funds. Accused No 38. Muhammad Saffar has 1x bank account which was credited with Rs.9.4 million from government pension funds. Accused No 39. Muhammad Ali s/o Sher Laghari has 1x bank account whi ch was credited with Rs.8.12 million from government pension funds. Accused No.40 Riaz Hussain has 1x bank account which was credited with Rs. 10.78 million from government pension funds. Accused No.41 Abid All has 1x bank account which was credited with R s.11 million from government pension funds. Accused No.42 Jinsar has 1x bank account which was credited with Rs. 13 million from government pension funds. Accused No 44. Ghulam -Qadeer has
Bail NAB Reference No.2 of 2023
P a g e 9 | 50
1x bank account which was credited with Rs.12.44 million from government pension funds. Accused No.43 Altaf Hussain Khoso has 1x bank account which was credited with Rs.11.82 million from government pension funds. Accused No 45 Sanaullah Khoso has 1x company bank account which was credited with Rs.74.8 million from governm ent pension funds. Accused No. 46 Din Muhammad has 3x bank accounts including 1x company account namely O.P.A.L Construction Company which were credited with Rs.63.9 million from government pension funds. Accused No.47 Mohsin Khan has 2x bank accounts incl uding 1x company account namely G-A Builders Company which were credited with Rs.32.13 million from government pension funds. Accused No.48 Fahad Ali has 1x bank account which was credited with Rs.8.1 million from government pension funds. Accused No.49 Kh adim Hussain has 1x bank account which was credited with Rs.14 million from government pension funds. Accused No.50 Manzoor Ali has 1x bank account which was credited with Rs.13 million from government pension funds. Accused No.51 Muhammad Ashraf has 1x ba nk account which was credited with Rs.67.36 million from government pension funds. Accused No.52 Zulfiqar Ali Laghari has 1x bank account which was credited with Rs.7.05 million from government pension funds. Accused No.53 Sheraz All Khero has 1x bank acco unt which was credited with Rs.12.71 million from government pension funds. Accused No.54 Sakhi has 3x bank accounts which were credited with Rs.61.53 million from government pension funds. Accused No.55 Mumtaz Ali has 1x bank account which was credited wi th Rs.27.75 million from government pension funds. Accused No.26 Gul Muhammed s/o
Bail NAB Reference No.2 of 2023
P a g e 10 | 50
Yaqoob Pawanr has 2x bank accounts which were credited with Rs.14 million from government pension funds. Accused No.27 Jan Mohammad Panhwar s/o Gul Muhammad has 1x bank accou nt which was credited with Rs.9 million from government pension funds. 13. That Investigation further revealed that after approval from SBP the fake bills were deposited into accounts of persons other than the names mentioned on the bills. These credits were a gainst the banking rules and regulations. The bank officials including accused No. 14. Junejo Banaour ex -Blvi, accused No.15 Abdul Hafeez Lund and Accused No. 17 Azhar Hussain Hingoro (Branch Managers) deposited fake pension bills in the accounts of unrelated persons. It is noteworthy that accused bank officials in active connivance with the illegal beneficiaries deposited the said bills ignoring the "guarantee clause" which was signed on each pension bill that the bills would be deposited into the "payees' account" only. After getting cleared these payments from SBP the amount of pension was posted and credited into the accounts of private persons. 14. The investigation further revealed that after thorough verification the SBP debited the Account No.1 of the Provincial Government and transferred the requisite pension funds of the day to corresponding bank branch. The accused persons namely accused No.14. Junejo Bahadur Ali (BM of Naushero Feroz Branch and Station Road Branch), accused No. 17 Azhar Hussain Hingoro (BoM of MCB Main Branch Dadu), accused No. 15 Abdul Hafeez Lund (BM of Station Road Branch and BoM Main Branch), accused No. 20 Ashraf Maznani and accused No.16 Siraj Ali
Bail NAB Reference No.2 of 2023
P a g e 11 | 50
Mastoi (Branch Operation of Naushero Feroz Branc h), accused No.19 Abdul Waheed Siyal (ex - BM Main Branch and Station Road) credited these pension funds into the accounts of private persons. They signed the deposit slips for each voucher through which the pension bills were credited into the accounts of unrelated/unauthorized persons. The bank officials later on facilitated the accused persons with cash withdrawn of the deposited money. 15. That during further investigation after the analysis the account of Accused No.55 Mumtaz Ali it was unearthed the a paym ent of Rs.400,000/- on 19th May, 2015 was found credited Into the accounts of M/s Student Link, a firm co -owned by accused No.4 Ashraf All Janwari. The account of Student Link was also credited with Rs.4.5 million on 15th January, 2015 from the account of Ms. Nisar Bano wife of accused No.1 Mushtaq Ahmed Shaikh (co - accused in Ref No. 12/217/H State Vs. Mushtaq Ahmed Shaikh and others). Accused No.4 Ashraf Ali Janwari denied any link with M/s Student link but the Meezan Bank record reveals that he is the co-owner of the firm. Accused No.4 Ashraf Ali Janwari is the beneficiary of the illegal gains knowingly that accused No. 1 Mushtaq Shaikh was involved in corruption and corrupt practices. Accused No.4 Ashraf Ali Janwari is also involved in signing of pension bills and refunds bills. 16. That the Investigation revealed the accused persons namely Accused No.14. Junejo Bahadur Ali, accused No.15 Abdul Hafeez Lund, accused No.16 Siraj Ali Mastoi and accused no. 17 Azhar Hussain Hingoro, accused No.18 Altaf Gorar opene d fake accounts for the purpose of money laundering. They in active
Bail NAB Reference No.2 of 2023
P a g e 12 | 50
connivance with the private individuals as well officers of District Accounts Office, Hyderabad laundered the money. They for layered and placed the crime proceed and managed to deposit pension and other amount in accounts of unauthorized persons. 17. That the investigation revealed that accused No. 16 Siraj Ali Mastoi, Ex -Branch O peration Manager MCB Bank Naushero Feroz Brach, signed Account Opening Forms in Naushero Feroz Branch which were used for credit of pension funds without proper KYC and in some cases proof of income was take. He verified number of deposit slips of the fake pension vouchers. The accused persons namely accused No. 21 Abdul Qadir and accused No. 22 Gul Muhammad (both ex -cashiers) entered the pension payments in the accounts of the unrelated persons. 18. The Investigation revealed that in MCB Main Branch Dadu 16 x accounts of accused No.7 Aijaz Dawach and his family by accused No. 18 Altaf Gorar branch manager Main Branch Dadu. Accused No. 17 Azhar Hussain branch manager also opened 18 x accounts of the relatives of accused No.7 Aijaz Dawach and his family without completing KYC/account opening formalities, for misappropriation and money laundering purposes. 19. The investigation re vealed that accused Abdul Hafeez Lund, remained posted as Branch Operational Manager (BOM) at Main Brach Dadu from 11.03.2012 to 12.06.2014, and Branch Manager (BM) at Station Road Dadu from 10.08.2015 to 13.10.2017. During his tenure, he caused to deposit pension bills in the accounts other than the mentioned on the pension bills illegally and in that way benefitted the accused persons.
Bail NAB Reference No.2 of 2023
P a g e 13 | 50
20. That investigation revealed the accused No.20 Ashraf Maznani in active connivance with accused No. 15 Abdul Hafeez Lund a nd accused No.17 Azhar Hussain Hingoro, the branch managers at relevant time, caused loss to government by processing the fake bills. During his tenure in Station Road and Main branch fake voucher of value of Rs.169.3 million were deposited. 21. That the inves tigation further revealed that No.23 Abdul Khalique Solangi Junior Clerk Finance Department was involved in bribing accused No. 5 Noor Ahmed Khuro, Section Officer and others for release of pension funds for DAO Hyderabad. He was posted as Junior Clerk in Budget Section and he used to take bribe of 0.5 million from accused No.1 Mushtaq Ahmed Shaikh on monthly basis and later distributing this ill -gotten money among the high - ups of Finance Department including accused No.5 Noor Ahmed Khuro, Section officer and Accused No. 6 Amir Zia Isran, 22. That it is pertinent to mention here that during the analys is of forensic report of Accused No.1 Mushtaq Ahmed Shaikh mobiles electronic devices messages were found in which Abdul Khaliq, through which accused No.23 informe d accused Mushtaq Shaikh that he had arranged the release in pension funds. During the Investigation number of properties were discovered in the name of accused No.20 Abdul Khaliq, which include 1x house at Kaneez Fatima and 3x plots at Sachal Goth Karachi. 23. That during further investigation it also revealed that accused No.5 Noor Ahmed used his ID for releases of funds of millions of rupees from Finance Department in favor of District Accounts Office, Hyderabad for more than 8 years. These additional releases were made without approval of the Competent Authority,
Bail NAB Reference No.2 of 2023
P a g e 14 | 50
which subsequently landed in the hands of accused No.1 Mushtaq Ahmed Shaikh and other accused persons, who misappropriated the same. During his incumbency as SO Budget in the FY 2015 -16 and FY 2016 -17 Rs.4.6 billion were paid for pension without any authority. He malafidely and dishonestly failed to prevent the loss to Government Exchequer. 24. That investigation revealed the Accused Amir Zia Isran remained SO in Finance Department from 23.11.2009 tol10 .10.2016. He remained SO Chief Minster Secretariat from 13.10.2016 to 24.04.2017 having additional charge of the post of SO Finance Department. Later on he was promoted as Deputy Secretary on 24.04.2017. During his incumbency he deliberately failed to use his authority to commit offense of fake pension bills and did not take any measures with regard to audit reports and over and above approvals of pension amounts. He is also involved in the taking bribe from Accused No. 5 Noor Ahmed. Accused No. 6 Amir Zia Isran has also amassed assets from these corruption proceeds. 25. That during further investigation it was unearthed 130x fake refund claims vouchers of the Agricultural Engineering Department of Rs.170,739,734/ - sanctioned by accused No.73 Saifullah Magsi Ex-ADAO, accused No. 1 Mushtaq Ahmed Shaikh and accused No.3 Allah Bachayo Jatoi. These fake refund bills were in favor of private contractors. These 130x bills were never sent to SBP for clearing from their office. The advices sent to SBP does not bear any d airy number or serial number of the DAO Hyderabad and no such record is available with DAO.
Bail NAB Reference No.2 of 2023
P a g e 15 | 50
26. That the investigation revealed that these 130x bills other bills were also entered into the advices forwarded to SBP duly signed by the accused persons. The payments were paid on Form No.72 designated for refunds claims. As per rules the payments to the contractors for procurement should have been on Form No. 30/DC. Furthermore 53x such entries in SAP for 187x payments amounting to Rs.246,083,433/ - were found paid for refund vouchers in which the payments were illegally adjusted from pension payments. 27. That the investigation revealed during the posting of accused No.3 Allah Bachayo Jatoi as District Account Officer (DAQ) he signed fake refund bills of section of ADAO -I to the tune of Rs. 21,484,700/. It is also pertinent to mention here that accused No.77. Naveed Majeed Bajari was also posted as Sub-Accountant in DAO Hyderabad from 02.03.2011 to 20.11.2020. He was involved in the data punching of the SAP System. He in connivance with accused No.73 Saifullah Magsi and Mushtaq Shaikh deliberately with malafide intention entered the payments of refund bills as pension payments in the SAP system. He also entered refund payments in the pension expenditures. Accused No.76. Abdul Sattar Soomro was posted as sub -accountant and he pre-audited the bills and prepared the…
Read the unabridged text and precedent citation network on Al Wakeelo Legal Research Platform.