Law:

Section:

N.A.B. Reference-- ----Partnership firm--Dispute of civil nature--Sufficient incriminating materiall--Dispute on account of which project could not be accomplished within time--Relationship inter se parties carries implications of civil dispute--Rights and obligations of civil nature--Validity--Dispute between complainant side and the petitioner or his family is purely of civil nature and thus only civil remedies were available to aggrieved persons under the law--That factor is beyond the control of the firm and in any case the petitioner, who on behalf of the family was looking after financial affairs and cannot be said to have cheated anyone--Issue between the purchasers/allottees and petitioner or his family has genesis and nexus to the sale, purchase agreement of an immovable property--Where element of fraud, deceit or a specific provision of any law which constitutes a criminal offence is not attracted and made out and there also is no material available on record in such context, the exercise of discretion for granting bail by Courts in appropriate cases would not be withheld as a punishment--If a clear case of criminal offence has been made out, only for the reason that there also is some element of civil dispute involved that bail would be granted as a matter of course; rather what shall be seen and evaluated in such cases would be what is the predominate factor, criminal or civil--Matter having some tinge of civil dispute simpliciter and/or singularly shall not be a ground by itself for the grant of bail--But such factor should be relevant along with other grounds raised entitling the petitioner (in a bail) matter for the concession. National Accountability Ordinance, 1999-- ----Scope of--Provisions of NAB Ordinance are neither meant nor attracted/applicable for the purposes of settling scores of civil nature or the disputes emanating out of the contract between the few individuals and the delinquents (who allegedly violated the contract) having no criminal intent and motive behind it. The person aggrieved of contractual breach of a civil contract, must resort to the civil remedies. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 405--NAB Ordinance,…

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