Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Scope---Availability of remedy in procedural statute normally ousts jurisdiction of High Court. Shoukat Khan v. Assistant Political Agent, Landhi Kotal, Khyber Agency and others PLD 2002 SC 526; Chief Administrator of Aukaf v. Muhammad Ramzan PLD 1991 SC 102 and Messrs A.H. Pesticides (Pvt.) Ltd. and another v. Federation of Pakistan and others PLD 2004 Kar. 620 rel. (b) Criminal trial--- ----Abscondence---Rights of fugitive from law---Effect---Fugitive from law and Courts loses some normal rights to which a normal person was entitled under procedural or substantive law. (c) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(xi)---Constitution of Pakistan, Art.199---Constitutional petition---Bail, grant of---Criminal breach of trust as banker---Prima facie case---Fugitive from law---Petitioner remained absconder in accountability reference alleged to have committed criminal breach of trust and causing loss to government exchequer---Validity---Petitioner was assigned pivotal role in commission of crime and had been recently arrested in the reference which was pending against him in trial Court, where three prosecution witnesses implicated him---Prima facie, prosecution had shown involvement of petitioner in commission of crime causing huge financial loss to national exchequer---Petitioner failed to make out a case for his release on bail---Petition was dismissed in circumstances. Shoukat Khan v. Assistant Political Agent, Landhi Kotal, Khyber Agency and others PLD 2002 SC 526; Chief Administrator of Aukaf v. Muhammad Ramzan PLD 1991 SC 102; Messrs A.H. Pesticides (Pvt.) and another v. Federation of Pakistan and others PLD 2004 Kar. 620;Awal Gul v. Zawar Khan and others PLD 1985 SC 402; Manzar Qayyum v. The State and others PLD 2006 SC 343; Muhammad Sabir Roshan v. The State 2000 PCr.LJ 1195 and Ghulam Haider Jamro and another v. Chairman, NAB 2007 YLR 541 ref. JUDGMENT ABDUL MAALIK GADDI, J.---This Constitutional Petition has been filed by the petitioner with the following prayers:-- (a) To grant bail to the petitioner named above in the Reference No.35 of 2007 pending…

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