| Citation(s) |
|---|
| 2016 SLG 3320 2016 SLD 3320 2016 PCRLJ 1331 |
Sindh High Court
C.P. No. D-7850 of 2015, decided on 31st March, 2016. Date of hearing: 24th February, 2016.
AHMED ALI M. SHEIKH, JUSTICE AND MUHAMMAD KARIM KHAN AGHA, JUSTICE
M.A. Kazi for Petitioner. Noor Muhammad Dayo, ADPG, NAB for the State.
C.P. No. D-7850 of 2015, decided on 31st March, 2016. Date of hearing: 24th February, 2016.
AHMED ALI M. SHEIKH, JUSTICE AND MUHAMMAD KARIM KHAN AGHA, JUSTICE
M.A. Kazi for Petitioner. Noor Muhammad Dayo, ADPG, NAB for the State.
MUHAMMAD AQEEL MUNAWAR ABRO - ER
VS
THE STATE AND ANOTHER - --Respondent
Law:
Section:
National Accountability Ordinance (XVIII of 1999) --------- ----------S. 9(a)(vi) & (b) --------- Bail, grant of --------- Statutory delay --------- Recovery of entire loss --------- Delay in conclusion of trial --------- Accused was arrested for misusing his authority which led to a loss to public exchequer --------- Reference was filed before Trial Court on 12-1-2015 but it could not be concluded at no fault of the accused --------- Validity --------- Accused was not responsible for delay in conclusion of trial --------- No material was placed before High Court to show that he was previously convicted offender for an offence punishable with death or imprisonment for life or a hardened, desperate or dangerous criminal or was accused of an act of terrorism punishable with death or imprisonment for life --------- One of the co-accused had already entered into a plea bargain with National Accountability Bureau where the entire loss had been repaid --------- Accused was entitled to be released on bail on statutory delay --------- Bail was allowed in circumstances. Asif Ali Zardari v. The State 1993 PCr.LJ 781; Allah Dino v. The State 2007 SCMR 1930; Mohammad Zareen and others v. The State PLJ 2009 Sh. C. (AJ&K) 105; Murad Usmani v. The State PLD 2012 Sindh 225; Jamila Durrani v. The State PLD 2003 Kar. 393; Asghar Masih v. The State 1995 PCr.LJ 544; Agha Jahanzeb v. NAB and others 2005 SCMR 1666; Muhammad Saeed Mehdi v. The State 2002 SCMR 282; M. Idrees Ghori and others v. The State 2008 SCMR 1118; Muhammed Nadeem Anwar's case PLD 2008 SC 166; Pir Mazharul Haq v. The State PLD 2005 SC 63; Ali Nawaz Shah v. The State PLD 2003 SC 837; Syed Amanullah v. The State and others PLD 1996 SC 241; Manzoor and others v. State PLD 1972 SC 81; Ayub Masih v. State PLD 2002 SC 1048; Khan Asfandyar Wali v. State PLD 2001 SC 607 and Muhammad Nadeem Anwar's case PLD 2008 SC 645 ref. Hamesh Khan v. NAB 2015 SCMR 1092 fol. THIS ORDER PASSED BY: MUHAMMAD KARIM KHAN AGHA, JUSTICE:---------- By this order, we propose to dispose of the petition of Muhammad Aqeel Munawar Abro (the Petitioner) for grant of post-arrest bail arising from NAB Reference 01/2015 State v. Muhammad Aqeel…
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