Law: National Accountability Ordinance, 1999

Section: 25(b)

National Accountability Ordinance (XVIII of 1999)--- ----S. 25(b)---Plea Bargain---Procedure---Phrase 'on such terms and conditions as he may consider necessary' occurring in S. 25(b) of National Accountability Ordinance, 1999---Scope---Alleged loss caused to the government was Rs. 44,81,000 and plea bargain with petitioner was accepted by National Accountability Bureau authorities for Rs.10,85,000---Trial Court declined to approve plea bargain application filed by National Accountability Bureau---Validity---Proper approach in plea bargain cases under S. 25(b) of National Accountability Ordinance, 1999 was for the accused to make a definite and precise offer which could or could not be accepted by National Accountability Bureau through speaking order which if not accepted by National Accountability Bureau could lead to a further offer which again could or could not be accepted by National Accountability Bureau---Words in S. 25(b) of National Accountability Ordinance, 1999, 'on such terms and conditions as he may consider necessary' did not relate to amount of plea bargain but to method and mode and manner of payment including instalments within given dates which could be necessary if accused did not have full amount of agreed plea bargain amount to hand over (although a very large percentage of amount as down payment could be expected to be made), and needed to sell properties in order to make up balance which could take some reasonable but definite and precise amount of time to be recorded in writing in the plea bargain agreement---Amount involved was relatively small in terms of National Accountability Bureau's mandate to investigate corruption cases---High Court acting in discretionary Constitutional Jurisdiction set aside order passed by Trial Court and directed Trial Court to accept amount of plea bargain as agreed with National Accountability Bureau---Petition was allowed accordingly. Muhammad Islam Khan v. Zarai Taraqiati Bank Ltd. 2013 PLC (C.S.) 795; Bank of Punjab v. Accountability Court No.1 Lahore PLD 2014 Lah. 92; Shamraz Khan v. The State 2005 PCr.LJ 192; Khalid Humayun v. NAB Civil Petition No. 3912 of 2016; Khan Asfandyar Wali v. Federation of…

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