Law: National Accountability Ordinance, 1999

Section: 9(a),(b)

Law: Criminal Procedure Code (V of 1898)

Section: 497

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a) & (b)---Criminal Procedure Code (V of 1898), S. 497---Bail, grant of---Second bail application---Statutory delay---Hardship case was arrested by National Accountability Bureau on the allegation of corruption and corrupt practices and his earlier bail was refused by High Court again invoked jurisdiction of High Court for his release on bail on the plea of statutory delay in conclusion of trial---Validity---Plea of bail on merits had already been turned down by High Court, therefore, there was no need to re-dilate upon merits of the case---Provisions of S. 497, Cr.P.C. were not applicable for grant of bail to accused persons facing charges in cases under National Accountability Ordinance, 1999, however, broader principles of S. 497, Cr.P.C. could be pressed into service in hardship cases to provide relief to a deserving accused person incarcerating in jail for a shockingly long period---Investigation in the case was complete and accused was no more required for further interrogation, who had been languishing in jail for last two years---No material was available to show that it was the petitioner who occasioned delay in conclusion of trial---Case of petitioner fell within the ambit of hardship case---Bail was allowed in circumstances. Hamish Khan v. The NAB Lahore and others 2015 SCMR 1092; Muhammad Jameel Rahi v. DG NAB and others 2012 SCMR 552; Muhammad Nadeem Anwar v. NAB PLD 2008 SC 645 and Anwar ul Haq Qureshi v. National Accountability Bureau 2008 SCMR 1135 rel. THIS ORDER PASSED BY: ROOH-UL-AMIN KHAN, JUSTICE:---.--- By invoking the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, (Constitution), accused-petitioner Arshad Khan Ex-Director General FATA Disaster Management Authority (FDMA), who is behind the bars since 02.04.2015 in NAB Reference for corruption and corrupt practices under section 9(a), National Accountability Ordinance, 1999 (Ordinance) and schedule thereto and whose plea for bail on merit has already been turned down by this Court vide order dated 17.06.2015 in W.P. No.1442-P/2015, seeks his release on…

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