| Citation(s) |
|---|
| 2012 SLG 2678 2012 SLD 2678 2012 YLR 2781 |
Sindh High Court
Constitutional Petitions Nos. D-1826 to 1830 of 2012, decided on 10th July, 2012. DATE of hearing: 2nd July, 2012
SYED HASAN AZHAR RIZVI AND MUHAMMAD SHAFI SIDDIQUI, JJ
Yousuf Moulvi and Shahab Sarki for Petitioner. Noor Muhammad Dayo, Senior Prosecutor NAB for
Respondent
Constitutional Petitions Nos. D-1826 to 1830 of 2012, decided on 10th July, 2012. DATE of hearing: 2nd July, 2012
SYED HASAN AZHAR RIZVI AND MUHAMMAD SHAFI SIDDIQUI, JJ
Yousuf Moulvi and Shahab Sarki for Petitioner. Noor Muhammad Dayo, Senior Prosecutor NAB for
Respondent
SHAMSUDDIN KHASKHELI
VS
NATIONAL ACCOUNTABILITY BUREAU SINDH, through Director GENERAL Sindh
Law:
Section:
National Accountability Ordinance (XVIII of 1999)--- ----S.9(a) & (b)---Constitution of Pakistan, Art. 199---Constitutional petition---Corruption and corrupt practices---Bail, refusal of---Evidence, deeper appreciation of---Accused persons were employees of Accounts Office who were alleged to have made payment of pension to fake pensioners and had caused loss to Government---Accused sought bail on the plea that they had been falsely involved and they were innocent---Validity---Contentions of accused required no emphasis that tentative assessment was to be made for the purpose of deciding bail application and no in-depth appreciation or appraisal of evidence was warranted at bail stage---High Court declined to make any such observations which could cause prejudice to the case of any of the parties at trial---On tentative assessment, prosecution had established that there were sufficient material/circumstances which required consideration by Trial Court after recording of evidence---Accused failed to make out a case of further inquiry and were not entitled to be released on bail at such stage---Petition was dismissed in circumstances. 2005 SCMR 1666; 2008 PCr.LJ 910 and Imtiaz Ahmed v. The State PLD 1997 SC 545 ref. ORDER SYED HASAN AZHAR RIZVI, J.---By this common order, we intend to dispose off five Constitutional Petitions Nos.D-1826 to 1830 of 2012 as facts and circumstances of all the five petitions are almost similar and the same have been filed challenging the Warrant of Arrest issued by the Chairman NAB on 10-4-2012 for commission of offence under section 9(a) of National Accountability Ordinance, 1999 and schedule thereto and subsequently reference has been filed on 11-5-2012 before the Administrative Judge of Accountability Courts, Karachi by the Chairman NAB, copy of which has been filed by the learned counsel for the petitioners with statement dated 29-6-2012, wherein all the petitioners have been shown as accused Nos.2 to 6. 2. Brief facts of the case are that during scrutiny and reconciliation exercise held in Accountant General Office in 2004, it was revealed that 35 pension sealed authorities, which had not been issued by the Accountant…
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