Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)--- Constitution of Pakistan, Art. 199---Constitutional petition--- Bail, grant of---Case of further inquiry---Evaluation reports---Presumption---National Accountability Bureau arrested petitioner on the allegation that he prepared bogus evaluation reports on the basis of which bank advanced finance facility to principal accused---Plea raised by petitioner was that reports were not prepared on the request of bank for the purposes of advancing of finance facility---Contention of authorities was that since the reports were used by principal accused in order to procure loan, therefore, it would be presumed that petitioner was also his associate---Validity---High Court declined to share and endorse the opinion of authorities--- Evaluation reports were prepared by firm of petitioner on 25-3-2005, at the request of company of principal accused made on 19-3-2005---During the course of investigation no such material was ever collected by investigating officer to suggest that bank had ever made request to petitioner to evaluate property so that proposal of loan could be sanctioned in favour of principal accused---Reports did not mention that principal accused ever intimated petitioner that evaluation was required for the purpose of advancement of loan---Reports were issued for the privilege of the company of principal accused and their legal advisors which fact by itself was not sufficient to suggest malice on the part of petitioner or give impression that the reports were prepared by petitioner to facilitate sanction of loan---Case of petitioner required further probe entitling him to get premium of post-arrest bail---Petition was allowed in circumstances. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, grant of---Case of further inquiry---Introduction of Bank account---National Accountability Bureau arrested petitioner on the allegation that he was regional head of Bank and introduced principal accused as account holder and marked two applications of principal accused to his…

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