Case Details

Citation(s)
2016 SLG 2517 2016 SLD 2517 2016 PCRLJ 1841

WRIT PETITION NO.55 OF 2016, decision dated: 28-06-2016, hearing DATE : 28-06-2016.
WAZIR SHAKEEL AHMAD AND MALIK HAQ NAWAZ, JUSTICE
Amjad Hussain for Petitioners. Muhammad Amin, Special Prosecutor NAB assisted by Sharafat Ali AD, NAB for
Respondents.

BASHARAT HUSSAIN AND another.S

VS

CHAIRMAN NATIONAL ACCOUNTABILITY BUREAU AND another.

Law:

Section:

National Accountability Ordinance (XVIII of 1999)---.--- ---.---S. 9(a)---.---Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Art. 69---.---Criminal Procedure Code (V of 1898), S. 497(2)---.--W.rit petition---.---Corruption and corrupt practices---.---Bail, grant of---.---Further inquiry---.---Alleged fraud/embezzlement took place in the branch of a National Bank---.---Bank authorities were main privy to the offence and whole of that transaction was carried out under their nose---.---Manager of the branch of the Bank and Recovery Officer had been exonerated from the case after a plea bargain; they only deposited Rupees 22 lac each against a huge amount of Rs.2.2 billion which could not be a fair play---.---Such a big financial mischief, could not be committed without knowledge of the highups of the Bank---.---Petitioners, were neither the employees, nor office bearers of the said branch of the Bank---.---Petitioners, who were traders and got their goods cleared after depositing a valid bank deposit receipts, could not be held responsible which fact was a matter of further inquiry---.---Traders could have possibly a connection with said offence, but foundation of the scam was laid down by the Bank employees, who pickpocketed their own dwelling house---.---Despite a period of 90 days, References against accused persons had not been filed and the very object of S.16 of National Accountability Ordinance, 1999, was defeated---.---Bail could not be withheld as measures of advance punishment; people could not be allowed to rot in jail for an indefinite period---.---Main accused having been discharged from the case by NAB Authorities, liability of the petitioners (traders) would be determined by the Trial Court after recording of evidence---.---Case of the petitioners fell within the domain of further inquiry, bail was allowed to the petitioners, in circumstances. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, JUSTICE:---.------ The petitioners have been booked on the charges as provided in section 9(a) of National Accountability Ordinance, 1999 and are in judicial lockup. 2. The gist of allegations contained in para-6 of the reference prepared by NAB…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492