Law: Criminal Procedure Code (V of 1898)

Section: 426,561-A

Law: National Accountability Ordinance, 1999

Section: 9(b)

(a) Criminal Procedure Code (V of 1898)--- ----S. 426---National Accountability Ordinance (XVIII of 1999), Ss.9(a)(xii) & 32---Corruption and corrupt practices by abettor---Suspension of sentence/bail, grant of---Accused were on bail during the trial and on conclusion of trial, they had been awarded 3 years' punishment/sentence on the charge that they had acted in conspiracy, collusion and in connivance with principal accused while the principal accused/convicts who had played major role in the offence and or found directly involved or guilty in the case were awarded 7 years' punishment---Validity---Two sets of accused persons, in the present case, were tried and punished differently on different charges---High Court suspended the sentence awarded to accused---Bail was allowed in circumstances. Ghulam Mustafa v. State 2012 PCr.LJ 387; Criminal Accountability Appeal No.22 of 2012 and Criminal Accountability Appeal No.7 of 2012 ref. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(b) [as amended by National Accountability (Amendment) Ordinance (XXXV of 2001)----Bail/suspension of sentence---High Court, jurisdiction of---Before the word "Court" the words "including the High Court" were inserted by National Accountability (Amendment) Ordinance, 2000 (dated 3-2-2000) and subsequently the same words "including the High Court" were omitted by National Accountability (Amendment) Ordinance, 2001 (10-8-2001)---Definition of "Court" provided under National Accountability Ordinance, 1999, means an "Accountability Court" and after omission of words "including the High Court" it makes obvious that purpose of mentioning S.426 or 561-A, Cr.P.C. had become redundant or superfluous as according to definition of "Court" provided under National Accountability Ordinance, 1999, it meant "Accountability Court", which was a Trial Court and Trial Court could not exercise powers under S.426, Cr.P.C., which powers were only vested in Appellant Court---Provision of S.561-A, Cr.P.C. were inherent powers of High Court which also could not be exercised by Accountability Court or any other Court except High Court---Grant of bail and or suspension of sentence, pending…

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