| Citation(s) |
|---|
| 2016 SLG 2662 2016 SLD 2662 2016 PCRLJ 272 |
Peshawar High Court
Writ Petition No. 258-P of 2015, decided on 8th April, 2015. Date of hearing: 8th April, 2015.
MAZHAR ALAM KHAN MIANKHEL, CHIEF, JUSTICE AND QALANDAR ALI KHAN, JUSTICE
Qazi Jawad Ehsanullah and Barrister Syed Mudassir Amir for Petitioner. Muhammad Jamil Khan, DPG and Umar Farooq, ADPG, NAB for
Respondents.
Writ Petition No. 258-P of 2015, decided on 8th April, 2015. Date of hearing: 8th April, 2015.
MAZHAR ALAM KHAN MIANKHEL, CHIEF, JUSTICE AND QALANDAR ALI KHAN, JUSTICE
Qazi Jawad Ehsanullah and Barrister Syed Mudassir Amir for Petitioner. Muhammad Jamil Khan, DPG and Umar Farooq, ADPG, NAB for
Respondents.
AMIR GHAZAN - ER
VS
THE CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU (NAB) AND 3 OTHERS --Respondent
Law:
Section:
Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- National Accountability Ordinance (XVIII of 1999), S. 9 --------- Corruption and corrupt practices --------- Bail, refusal of --------- Plea of accused for bail on merits had been rejected twice by High Court; at the pre-arrest stage and later at the post arrest stage --------- Only development, which had taken place in the meantime, was the 'Plea Bargain' of co-accused --------- Belated somersault of co-accused by taking entire blame on him and intriguingly extending concession to accused, his brother-in-law, at that critical juncture, when charge against accused was shortly to be framed by the Trial Court, raised many questions, which could not be resolved at the bail stage, requiring scrutiny at the trial stage --------- Material placed on record by NAB, prima facie, connected accused with the offence --------- Delay in conclusion of trial, apart from the obvious fact of shuttling of the case in different courts, owing to incessant petitions of accused; and other co-accused, rendered commencement of the trial next to impossible --------- Plea with regard to delay, too was raised earlier, not only by accused, but also co-accused, which was not accepted on the ground that prosecution was not responsible for the delay; but accused and co-accused, were to share the blame to greater extent --------- No justification existed to admit accused on bail, when framing of charge, was scheduled within a weak or so after receipt of the record by the Trial Court --------- Bail was refused. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---------- This is yet another writ petition by Amir Ghazan, petitioner, for his release in Reference No. 04/2014 filed by the National Accountability Bureau (NAB) under section 9 of the National Accountability Bureau Ordinance, 1999, implicating the petitioner as a co-accused at Sr. No. 10 of the panel of accused-persons on the charges of corruption and corrupt practices in procurement of arms and ammunition and other security apparatuses for the Khyber Pakhtunkhwa Police. The record of the case would show that the petitioner figured in the case in the…
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