Law:

Section:

National Accountability Ordinance (XVIII of 1999) --------- ----------S. 9(a)(vi) & (b) --------- Bail, refusal of --------- Case of further inquiry --------- Proof --------- Prima facie case --------- Civil suit, pendency of --------- PETITIONERS were accused of illegally selling government land measuring 1307 acres by making fake and forged entries in record of rights and misusing their authorities --------- Validity --------- National Accountability Bureau, on tentative analysis of material as indicated through investigation report and Reference, collected sufficient material to provide reasonable grounds for believing that prima facie case existed against all accused persons and as such it was not a case of further inquiry --------- Existence of civil suit was not of much relevance in connection with deciding bail application --------- Civil suit was a separate matter distinct from criminal offence which the accused persons had been charged with --------- Provisions of National Accountability Ordinance, 1999, had overriding effect over general laws --------- On tentative analysis of material against each accused and taking into account the possibility of interfering with witnesses and absconsion and large value of land involved and gravity of offence and their active involvement and connection with the offence, High Court declined to grant bail to accused persons --------- Petition was dismissed in circumstances. Muhammad Rashid Umar v. The State through Chairman NAB SBLR 2012 SC 78; Absul Aziz Niazi v. NAB PLD 2003 SC 668; Khalil Ahmed Sarhandi and others v. Chairman NAB 2008 PCr.LJ 967; Chandi Ram v. Chairman NAB 2008 PCr.LJ 1172; AIR 2007 SC 1721; Ghulam Abbas v. State 2005 PCr.LJ 244; Parveen Akhtar v. State 2002 SCMR 1886; Hazurdad v. Sajid Khan 1998 PCr.LJ 633 and Abdullah Shah v. State 2002 PCr.LJ 1387 ref. THIS ORDER PASSED BY: MUHAMMAD KARIM KHAN AGHA, JUSTICE:---------- By this common order, we propose to dispose of six bail applications which all stem from NAB reference 42/2015 State v. Rafique Memon and 9 others which is pending before Accountability Court in Karachi. 2. Out of the six applications three of the applicants (Rafique Memon,…