Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(b) & 16---Criminal Procedure Code (V of 1898), S. 497---Accused facing charges under the National Accountability Ordinance, 1999---Bail grant, of---Grounds and scope---Lengthy incarceration in jail---Delay in conclusion of trial mainly attributable to the prosecution---Accused was behind bars for the last about five years---Trial of accused was not likely to be concluded in the next couple of months---Order sheets of Accountability Court showed that during majority of hearings accused was present along with his counsel and except on few occasions, adjournments had been sought by the co-accused for one reason or another and on some occasions due to absence of Presiding Officer or due to non-production of accused from the jail---Few adjournments of negligible numbers were sought by the accused and that too for the reason that his counsel was busy in superior courts in other cases---Delay in conclusion of trial could be mainly attributed to the prosecution and the co-accused, for which the accused could not be blamed---Speedy trial was the inalienable right of every person, therefore, even if the provision of S. 497, Cr.P.C. in ordinary course was not applicable to an accused person facing charges under National Accountability Ordinance, 1999, the broader principle of the same could be pressed into service in hardship cases to provide relief to a deserving accused person incarcerated in jail for a shockingly long period--- Accused person could not be left at the mercy of prosecution to rot in jail for an indefinite period---Present case was a fit case where bail could be granted, more so, when the co-accused persons, including real beneficiaries of the offence, were already granted bail much earlier in time---Accused was admitted to bail accordingly, and Supreme Court directed that the accused shall deposit his passport and other travelling documents with the court, and that his name shall be placed/retained on the Exit Control List. The State v. Syed Qaim Ali Shah 1992 SCMR 2192; Riasat Ali v. Ghulam Muhammad and The State PLD 1968 SC 353 and Anwar Saifullah Khan v. The State 2001 SCMR 1040…

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