Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: National Accountability Ordinance, 1999

Section: 9,10,18

Criminal Procedure Code (V of 1898)--- ----S. 498---National Accountability Ordinance (XVIII of 1999), Ss.9, 10 & 18---Corruption and corrupt practices---Pre-arrest bail, confirmation of---Allegation against accused was that he during the period of his service had accumulated movable and immovable properties disproportionate to his legitimate source of income---Sources of income shown by accused appeared to be sufficient to purchase the single property in one relevant year or single property in the next year; however that required evidence and deeper appreciation of evidence, which could not be undertaken at bail stage because same might prejudice the cause of the parties---At bail stage, only tentative assessment was to be made from the material available on the record---Assessment of material available showed that accused was entitled to the concession of bail---Interim bail already granted to accused was confirmed, in circumstances. THIS JUDGMENT DELIVERED BY: RAHMAT HUSSAIN JAFFERI, J.--- The petitioner has filed the present petition for grant of bail, as he has been involved in a reference No. 9 of 2001 filed by the Chairman NAB before the Accountability Court No. II Karachi. 2. Brief facts giving rise to the present petition are that the petitioner was appointed as A.S.-I. in police department in the year 1959. He retired in the year, 1998 as Superintendent of Police. It is alleged that the petitioner during the period of his service accumulated moveable and immovable properties disproportionately to his legitimate source of income. It is further alleged that he had acquired 11 properties from the years, 1972 to 1996. The details of which are mentioned in the reference and body of the petition. 3. We have heard the advocate for the petitioner, DPGA for the NAB and perused the record of this case very carefully. The learned advocate for the petitioner has stated that the first two properties mentioned in the reference, were acquired in the year, 1972 and 1984 being inherited and gifted properties, which were acquired by the petitioner through his father. He has further stated that the remaining properties are either owned by the petitioner or by his…

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