Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 417---National Accountability Bureau Ordinance (XVIII of 1999), S.32---Appeal.against acquittal---Principle---With the acquittal of an accused person by the .Trial Court, a double presumption of innocence accrues in his favour and therefore prosecution is required to show very strong reasons before an appeal against acquittal is admitted to regular hearing. (b) Penal Code (XLV of 1860)--- ----Ss. 409/109/34---Prevention of Corruption Act (II of 1947), S.5(2)--­National Accountability Bureau Ordinance (XVIII of 1999), S.32---Appeal against acquittal---Accused had neither sanctioned the advance nor they were beneficiary of the money advanced by the Chairman of the Establishment to the co-accused---NAB Authorities had withdrawn the case against the said absconding co-accused and secured his discharge without even asking him to surrender before the Accountability Court which was a matter of great favour to him---If such magnanimity could be shown to an accused person who was the actual beneficiary of the alleged corrupt practices and was fugitive at law having remained absconder till conclusion of the case, there could not be any earthly reason for denying the benefit of acquittal to the accused who had at the most complied with the orders of their superior without any allegation whatsoever of deriving any monetary benefit---Order of acquittal recorded by the Accountability Court was in consonance with the principles of justice and did not suffer from any illegality or miscarriage of justice and warranted no interference---In the interest of good governance the officials performing their acts in good faith should be protected otherwise they would be reluctant to take decision and/or avoid or prolong the same on one pretext or the other which would ultimately lead to paralysis of - State-machinery and such a course cannot be countenanced by the Supreme Court---Such officials have to be protected where there was no direct evidence of any corrupt motive or of any illegal gain---Prosecution in the present case had no evidence direct or indirect to establish any personal gain on the part of the accused---Appeal against…

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