| Citation(s) |
|---|
| 2016 SLG 2501 2016 SLD 2501 2016 PCRLJ 1921 |
Sindh High Court
Constitutional Petition No.D-1534 of 2015, decision dated: 13-05-2016, hearing DATE : 29-04-2016.
AHMED ALI M. SHAIKH, JUSTICE AND MOHAMMED KARIM KHAN AGHA, JUSTICE
Narain Das C. Motiani and Masroor Ahsan for Petitioner.
Constitutional Petition No.D-1534 of 2015, decision dated: 13-05-2016, hearing DATE : 29-04-2016.
AHMED ALI M. SHAIKH, JUSTICE AND MOHAMMED KARIM KHAN AGHA, JUSTICE
Narain Das C. Motiani and Masroor Ahsan for Petitioner.
ALI AHMED LUND.
VS
THE STATE THROUGH CHAIRMAN NAB AND 4 others.
Law:
Section:
National Accountability Ordinance (XVIII of 1999)---.--- ---.---S. 9(a)(iv) & (b)---.---Pre-arrest bail, refusal of---.---Assets beyond means---.---Voluntary return option---.---Petitioner was a holder of public office and allegation raised against him was acquiring of assets beyond known sources of his income---.---Petitioner claimed to have agricultural income who also opted for Voluntary Return option but the same was declined---.---Petitioner sought pre-arrest bail as NAB intended to arrest him---.---Validity---.---Petitioner changed his story and claimed that money in his accounts came from his agricultural income---.---Amount of agricultural income as assessed by NAB was based on a report of concerned revenue authorities and the same was prepared under the supervision of Assistant Commissioner---.---Agricultural income of petitioner was far less than he claimed and he could not have accounted for the transactions in his business accounts---.---Petitioner approached NAB for Voluntary Return option which was declined by NAB---.---Analysis of income and assets of petitioner by NAB were correctly investigated and tabulated as required by law and he was connected to the offence as charged---.---Pre-arrest bail was declined in circumstances. Ali Nawaz Shah v. The State PLD 2003 SC 837; Dr. Muhammad Anwar Kurd and 2 others v. The State through Regional Accountability Bureau, Quetta 2011 SCMR 1560; Ghulam Sarwar Zardari v. Piyar Ali @ Piyaro and another 2010 SCMR 624; Anwar Ahmed Khan v. The State 1996 SCMR 24; Raja Rustam Ali Khan v. Muhammad Hanif 1997 SCMR 2008; Ch. Shah Muhammad, Inspector v. Mst. Ramzan Bibi 1998 SCMR 2415; Abdul Aziz Khan Niazi v. State PLD 2003 SC 668; Manzoor and 4 others v. State PLD 1972 SC 81; Haji Ghulam Ali v. The State 2003 SCMR 597; Ch. Shujjat Hussain v. The State 1995 SCMR 1249 and Saeed Ahmed v. The State 1996 SCMR 1132 distinguished. Muhammad Hashim Babar v. State 2010 SCMR 1697 and Ghani Rehman v. NAB PLD 2011 SC 1144 rel. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, JUSTICE:---.------ By order dated 25.03.2015 this Court admitted the petitioner to ad interim pre-arrest bail as he anticipated his imminent arrest by the…
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