Law:

Section:

National Accountability Bureau Ordinance (XVIII of 1999)------S. 10---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to the accused to consider the contentions that whether High Court had maintained conviction/sentence of accused without adhering to the provisions of S.14(c) of National Accountability Bureau Ordinance; that whether the impugned was in consonance with the principle of law laid down by Supreme Court in para.224 in the case reported as PLD 2001 SC 607; that whether while imposing fine upon the accused High Court had failed to take into consideration that it could not be less than Rs.4,60,96,000 because the amount of fine could in no case be less than the gain derived by the accused or any relative or associate which might be set off against the forfeited or frozen assets and property according to S,.11 of the. National Accountability Bureau Ordinance; that whether High Court had reduced sentence awarded' to the accused by the Accountability Court contrary to the provisions of S.10(a) of the Ordinance; that whether High Court had wrongly concluded that the accused had only failed to account for Rs.38;43,500 instead of Rs.4,60,96,000 without assigning any reason, and that whether High Court had wrongly reduced sentence in absence of any mitigating or extenuating circumstances particularly when the reasons put ­forth by tote Accountability Court for holding the accused responsible for the commission of the offence were, maintained. Khan Asfandyar Wali and 2 others v. Federation of Pakistan through, Cabinet Division PLD 2001 SC 607 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--Criminal Petitions Nos. 138 of 2001 and 205 of 2001 Pave been instituted for leave to appeal against the judgment, dated 14th May, 2001 passed by Peshawar High Court, Peshawar in Ehtesab Appeal No.4 of 2000, therefore, we intend to dispose of both the matters by means of instant order. 2. Succinctly stating facts of the case are that Khalid Aziz son of Abdul Aziz, former Chief Secretary, Government of N.-W.F.P., petitioner/convict was arrayed before Accountability Court No.2, Peshawar to answer charge of accumulation vast wealth and…

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