Law: National Accountability Ordinance, 1999

Section: 9(a)(ix)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Bail--- --Grant or refusal of---Principles---While deciding plea of bail, deeper appreciation of evidence is not required and elaborate sifting of evidence cannot be made at the time of deciding bail application but only tentative assessment 'is to be made---High Court while dealing with question of bail in constitutional jurisdiction must consider it carefully and weigh in the scale of justice---Reasonableness of grounds for withholding bail must be shown through some material and merely a suspicion, however, sufficiently strong it may be is not enough to refused bail. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(ix)---Constitution of Pakistan, Art.199---Constitutional petition---Bail, grant of---Cheating members of public at large--- Incomplete investigation---Accused launched a housing project and received money from public at large, despite lapse of many years possession of houses were not given to investors-Validity---Bail could be granted to accused in case under National Accountability Ordinance, 1999 under Constitutional jurisdiction which could be judged on the ground of hardship and prima facie improbability of conviction of accused on the basis of material collected by prosecution---If Court had come to the conclusion that there was no reasonable ground that accused had committed any offence, bail might be granted---Court had also to see whether such powers should be exercised so liberally as to nullify and make provisions of National Accountability Ordinance, 1999, redundant---While collar crimes were mostly based on documentary evidence and to find out, in a nutshell, whether a case of bail was made out or not---Court had to preview and glance over incriminating material of tentative assessment--- Investigation was still incomplete and investigating officer stated before High Court that some more important documents were to be recovered and confronted to accused---Accused was still on remand so in all conscience neither any reasonable ground existed that petitioner was not connected with offence in question nor there was any probability of conviction on the basis of material collected by prosecution against…

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