Law: National Accountability Ordinance, 1999

Section: 9(c),31B

Law: Constitution of Pakistan, 1973

Section: 13

Law: Criminal Procedure Code (V of 1898)

Section: 63,156,403,497,498

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(c) & 31-B---Criminal Procedure Code (V of 1898), Ss.63, 156 & 403---Constitution of Pakistan, Art.13---Closure of investigation--- Reinitiation of investigation---Not double jeopardy---Closure of investigation, would be considered as discharge from investigation; and no clog could be put on the powers of the prosecution agency to reinitiate the investigation---Reinitiation of investigation, in no way could be termed as double jeopardy, particularly, when neither accused were prosecuted nor any charge was framed against them. Khan Asfandyar Wali v. Federation of Pakistan PLD 2001 SC 607 and Tariq Javed Khan v. The State PLD 2002 Lah. 607 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Pre-arrest bail and post arrest bail---Principles---Pre-arrest bail was an extraordinary relief, the scope whereof was narrow as compared to the post-arrest bail---Principles for grant of pre-arrest bail and post-arrest bail were altogether different in nature---Court, in the matter of pre-arrest bail, was supposed to examine, as to whether accused had proved mala fide on the part of the complainant or prosecution, or his false involvement was with some ulterior motive---Pre-arrest bail could not be used as a substitute, or as an alternative for post-arrest bail. The State v. Haji Kabeer Khan PLD 2005 SC 364 and Rana Muhammad Arshad v. Muhammad Rafique PLD 2009 SC 427 ref. JUDGMENT MUHAMMAD KAMRAN KHAN MULAKHAIL, J.---This common judgment shall dispose of the Constitutional Petitions Nos. 501 and 504 of 2014 filed under Article 199 of the Constitution of the Islamic Republic of Pakistan ("the Constitution") as both these petitions are arising out of Reference No.07 of 2014 filed by the National Accountability Bureau (NAB) under section 18(g) read with section 24(b) of the National Accountability Ordinance, 1999 ("NAO"). In both these petitions the petitioners have sought a similar relief. In addition to grant of pre-arrest bail, the main relief sought by them is as under:-- "To declare that the actions of the respondent No.2 are illegal and without legal justification having no power…

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