Law:

Section:

Criminal Procedure Code (V of 1898)------ ----S. 497(2)---National Accountability Ordinance (XVIII of 1999). S.9/10---Bail---Accused admittedly had voluntarily surrendered before law and he was allowed bail in his appeal against the sentence awarded to him under S.31-A -of the National Accountability Ordinance subject to his appearance before the Trial Court---Question whether the absence of accused from the Court was deliberate amounting to abscondence was sub judice in his appeal---Allegation in the case appeared to be the preparation of fake permits whose originators were yet to be traced out---Four accused in the case had already been acquitted---Case of accused in circumstances, was one of further inquiry as contemplated under S.497(2), Cr.P.C.---Accused was admitted to bail accordingly. SBLR 2003 Sindh 1119; Muhammad Ibrahim v. Hayat Gul and others 1995 SCMR 382; State v. Malik Mukhtar Ahmed Awan 1991 SCMR 322; Murad Khan v. Fozia Subhan and others PLD 1983 SC 82; Jamaluddin v. The State 1985 SCMR 1949 and Miran Bux v. The State PLD 1989 SC 347 ref. ORDER GHULAM NABI SOOMRO, J.---This Criminal Bail Application under sections 497, 498, 498-A & 561-A, Cr.P.C. and under Article 199 of the Constitution, has been filed by the applicant M. Iqbal Solangi, for grant of bail in Reference No.10 of 2001, pending trial before the learned Accountability Court No.II, Sindh at Karachi. The application numbered as above was initially filed for grant of bail before arrest, of which notice was ordered to the Deputy Prosecutor General NAB. On 5-9-2003, the learned counsel for the applicant informed that the applicant was arrested and was in custody. He therefore, requested that the application be treated as one for grant of post-arrest bail. The trial Court being not vested with the powers to grant bail, such request was allowed with the consent of learned DPGA. The application is, therefore, treated as prayed. The facts briefly stated, leading to the filing of the reference by the Chairman, NAB under section 18(a) of the NAB Ordinance, dated 11-5-2001, are that in the year 1997-98 a huge evasion of Excise duty and other levies in the import of wine from Messrs Murree…

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