Law:

Section:

(a) Bail--- ----Appreciation of evidence---Scope---Court has to tentatively look into facts and circumstances of case---Once Court comes to the conclusion that no reasonable ground exists for believing that accused has committed a non-bailable offence, it has discretion to release accused on bail--In order to ascertain whether reasonable grounds exist or not, the Court should not probe into merits of the case but restricts itself to material placed before it by prosecution to see whether some tangible evidence is available against accused which if itself left unrebutted, may lead to inference of guilt. (b) National Accountability Ordinance (XVIII of 1999)--- ----S.9 (a) (vi) & (b)---Criminal Procedure Code (V of 1898), 5.497---Constitution of Pakistan, Art.199---Constitutional petition--Pre-arrest bail, refusal of---Prima facie case---Effect---Petitioners were facing trial before Accountability Court on the allegation of causing loss to Provincial Government by misuse of their authority---Validity---Prima facie, documentary evidence collected by National Accountability Bureau was sufficient to connect petitioners who had committed offences as alleged by prosecution---Petitioners failed to point out any mala fide/enmity of National Accountability Bureau with petitioners to falsely involve them in the case---High Court could exercise power for grant of bail before arrest in rare and exceptional circumstances---Deeper appreciation of evidence was not permissible at bail stage--Offences causing loss to government exchequer should not be tolerated---High Court declined to grant pre-arrest bail to petitioners---Petition was dismissed in circumstances. Anwar Saifullah Khan v. The State and others 2001 SCMR 1040; Muzzamil Niazi and others v. The State PLD 2003 Kar. 526 and Ikram-ul-Haq v. Raja Naveed Sabir and others 2012 SCMR 1273 distinguished. Faisal Hussain Butt v. The State and another 2009 SCMR 133 and The State v. Haji Kabeer Khan PLD 2005 SC 364 rel. Abdullah Durani and others v. The State 2004 SCMR 1200; Noor Ali Shah v. Chairman, National Accountability Bureau (Pakistan), Karachi 2008 YLR 2217; Jaffer Hussain v. Khushi Muhammad and 4 others 2008 YLR 2220;…

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