Case Details

Citation(s)
2015 SLG 2941 2015 SLD 2941 2015 PCRLJ 1496
Sindh High Court
C.P. No. D-4056 of 2014, decided on 6th February, 2015.
MUHAMMAD ALI MAZHAR AND SHAUKAT ALI MEMON, JJ
Muhammad Ishaque Ali for Petitioner. Noor Muhammad Dayo ADPG for
Respondents

MUHAMMAD AFZAL

VS

NATIONAL ACCOUNTABILITY BUREAU (Sindh High Court) and 4 others

Law:

Section:

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(b) & 16(a)---Criminal Procedure Code (V of 1898), S. 497---Constitution of Pakistan, Art. 199--- Constitutional petition--- Bail, grant of--- Delay in conclusion of trial--- Case of further inquiry---Scope---Petitioner was arrested by National Accountability Bureau for committing offence of corruption and corrupt practices---Plea raised by petitioner was that case against him was one of further inquiry and there was delay in conclusion of trial---Validity---Further inquiry was a question which must have some nexus with the result of case for which a tentative assessment of material on record was to be considered for reaching just conclusion---Case of further inquiry pre-supposed tentative assessment which could create doubt with respect to involvement of accused in crime---Deeper appreciation of evidence was not permissible at bail stage simultaneously it was also the object of trial to make the accused to face trial and not to punish an undertrial prisoner---Basic idea was to enable accused to answer criminal prosecution against him rather than to rot him behind the bars---Accused was entitled to expeditious access to justice, which included a right to fair and expeditious trial without any unreasonable and inordinate delay---Intention of law was that criminal case must be disposed of without unnecessary delay---Inordinate delay in imparting justice was likely to cause erosion of public confidence in judicial system on one hand and on the other hand it was bound to create a sense of helplessness, despair feeling of frustration and anguish apart from adding to their woes and miseries--- Petitioner was arrested on 1-7-2014, while charge was framed in the month of October, 2014 and examination-in-chief of one witness had been recorded so far, which negated spirit of S.16 of National Accountability Ordinance, 1999---Bail was allowed, in circumstances. Ali Anwar Ruk, Abdul Jabbar, Syed Manzoor Ali and Sardar Amin Farooqui's cases 2014 PCr.LJ 186, 2015 YLR 216; 2015 YLR 108; PLJ 2014 Kar. 268; Muhammad Nadeem Anwar v. NAB PLD 2008 SC 645 and Muhammad Jahangir Badar v. NAB PLD 2003 SC 525 rel. ORDER…
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