| Citation(s) |
|---|
| 2015 SLG 2955 2015 SLD 2955 2015 PCRLJ 1569 |
Sindh High Court
Constitutional Petitions Nos. D-3526, D-3538, D-3818, D-3965, D-4310, D-4377, D-3250 of 2014, decided on 28th April, 2015. DATE of hearing: 16th April, 2015.
AHMED ALI M. SHAIKH AND MUHAMMAD IQBAL KALHORO, JJ
Mansoor Ali Ghangro for Petitioners (in C.P.No. D-3538 and 4310 of 2014). Imdad Ali M. Ujjan for Petitioners (in C.P.No. D-3965 and 3526 of 2014). Usman Tufail Shaikh for Petitioner (in C.P.No. D-4377 of 2014) Qazi Abdul Hameed Siddiqui for Petitioner (in
Constitutional Petitions Nos. D-3526, D-3538, D-3818, D-3965, D-4310, D-4377, D-3250 of 2014, decided on 28th April, 2015. DATE of hearing: 16th April, 2015.
AHMED ALI M. SHAIKH AND MUHAMMAD IQBAL KALHORO, JJ
Mansoor Ali Ghangro for Petitioners (in C.P.No. D-3538 and 4310 of 2014). Imdad Ali M. Ujjan for Petitioners (in C.P.No. D-3965 and 3526 of 2014). Usman Tufail Shaikh for Petitioner (in C.P.No. D-4377 of 2014) Qazi Abdul Hameed Siddiqui for Petitioner (in
NOOR MUHAMMAD and others
VS
The STATE through NATIONAL ACCOUNTABILITY BUREAU (NAB), Sindh High Court and others
Law:
Section:
(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv) & 9(b)---Constitution of Pakistan, Art.199---Constitutional petition---Bail, grant of---Prima facie case---Embezzlement of G.P. Fund---Petitioners were accused of embezzling/misappropriating G.P. Fund by preparing bogus bills to the tune of Rs.46.949 million---Grant of bail in cases involving corruption on the part of public functionaries had to be considered narrowly particularly so when there was prima facie evidence connecting them with alleged offence---Investigating Officer not only collected necessary documents connecting the petitioners with commission of offence but he also fixed responsibility/liability individually and separately on each petitioner by showing independent amount allegedly embezzled by each one of them---Bank record, cheque leaves, invoices, statement of accounts showing withdrawal of money from accounts operated by petitioners were also part of prosecution case, which could not be ignored summarily on any hypothetical ground urged by petitioners, where prima facie appeared to be beneficiaries of alleged embezzlement---High Court declined to grant bail to petitioners---Petition was dismissed, in circumstances. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv) & 9(b)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, grant of---Case of further inquiry---Embezzlement of G.P. Fund---Plea bargaining by co-accused---Petitioner was accused of embezzling G.P. Fund by a cheque amounting to Rs.1.559 million---One friend of petitioner admitted to have received subject cheque from petitioner and used it for encashment of said amount with the connivance of petitioner---Friend of petitioner submitted plea bargaining application to return 50% of entire embezzled amount which was duly presented before Trial Court, where application of plea bargaining was withdrawn during the arguments by prosecutor---Application of plea bargaining was part of record and suggested further enquiry into the guilt of petitioner---High Court allowed bail to petitioner (co-accused)---Petition was allowed, in circumstances. ORDER MUHAMMAD IQBAL…
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