| Citation(s) |
|---|
| 2015 SLG 613 2015 SLD 613 2015 YLR 108 |
Sindh High Court
Constitutional Petition No. D-1282 of 2014, decided on 23rd July, 2014
MUHAMMAD ALI MAZHAR AND SHAHNWAZ TARIQ, JJ
Munawar Hussain Yousufi for Petitioner. Noor Muhammad Dayo, A.D.P.G. NAB for
Respondent
Constitutional Petition No. D-1282 of 2014, decided on 23rd July, 2014
MUHAMMAD ALI MAZHAR AND SHAHNWAZ TARIQ, JJ
Munawar Hussain Yousufi for Petitioner. Noor Muhammad Dayo, A.D.P.G. NAB for
Respondent
ABDUL JABBAR
VS
The STATE through Director GENERAL (NAB)
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: National Accountability Ordinance, 1999
Section: 9
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---National Accountability Ordinance (XVIII of 1999), S.9---Corruption and corrupt practices---Bail, grant of---Further inquiry---Principles and application---Accused persons were Revenue Officials---Question as to whether all accused Officials of Revenue Department were in connivance with each other to cause loss to National Exchequer or whether present accused had recorded the alleged entry fraudulently in connivance with other accused officials would be thrashed out in the course of evidence---Obligation/duty of accused as to examining the chain of title documents and effect of NOC for sale issued by ex-Mukhtiarkar would be determined at trial---Role assigned to accused required further inquiry---Accused had been behind bars for eight months and examination-in-chief of only one witness had been recorded so far---Allegations of accused's involvement in corruption would be determined at trial where deeper appreciation would be made---Further inquiry was a question which must have some nexus with the result of the case---Further inquiry pre-supposed the tentative assessment which may create doubt with respect to the involvement of accused in the crime---Accused was granted bail. Agha Jahanzeb v. NAB and others 2005 SCMR 1666 ref. Mrs. Razia Qayyum v. The State 2004 SCMR 1889 and Sardar Amin Farooqui's case 2014 PCr.LJ 186 rel. (b) Criminal trial--- ----Object---Object of trial was to enable the accused to answer criminal prosecution rather than to rot him behind the bars---Accused was entitled to expeditious access to justice which included trial without unreasonable delay. Muhammad Saeed Mehdi v. The State 2002 SCMR 282 rel. ORDER MUHAMMAD ALI MAZHAR J.--The petitioner has applied for post arrest bail in Reference No.62/2013 in which he has been nominated as accused No.3. The role of the present petitioner is mentioned in Paragraph No.6 of the Reference which reads as under:-- "6. That it reveals from Investigation Report that Ali Akbar Parhyar Ex-Mukhtiarkar and Abdul Jabbar Soomro Ex-Tapedar accused Nos.2 and 3 respectively despite being within knowledge that the land involved is government land still…
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