Law:

Section:

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(vi) & (b)---Pre-arrest bail, refusal of---Misuse of authority---Mala fide---Proof---Petitioners were government officials who were alleged to be involved in embezzlement of wheat stored in godown---Plea raised by petitioners was that they had been involved due to mala fide---Validity---Mala fides, if asserted must be specifically alleged in petition to establish an exceptional case in favour of person approached for relief of anticipatory bail---Such requirement was missing and allegations against petitioners were of misuse of authority, negligence and violation of law, non-performance of their duties---Accumulated result of such acts was embezzlement and misappropriation of wheat and causing loss of millions of rupees to government exchequer---High Court declined to grant pre-arrest bail to petitioners---Constitutional petition was dismissed in circumstances. Rana Muhammad Arshad v. Muhammad Rafiq PLD 2009 SC 427; Ali Muhammad Baloch v. The State 2015 YLR 666; 2004 MLD 203; Hidayatullah Khan v. Crown PLD 1947 Lahore 21; PLD 1998 SC 97; Muhammad Sardar v. The State 1983 SCMR 645; Murad Khan v. Fazal Subhan PLD 1981 Lah. 599 and State v. Kabeer Khan PLD 2005 SC 364 ref. Zia-ul-Hassan v. The State PLD 1984 SC 192 rel. THIS ORDER PASSED BY: MRS. SYEDA TAHIRA SAFDAR, JUSTICE:---.--- Constitutional Petition No.740 of 2014, (Ali Bakhsh Baloch v. The State through DG NAB), Constitutional Petition No.424 of 2015, (Abdul Wali Kakar v. The State and another) and Constitutional Petition No.437 of 2015, (Asfand Yar Khan Kakar v. Accountability Court and another), filed by the petitioners for same relief i.e. grant of pre-arrest bail in their favour in case pursuant to NAB Reference No.1 of 2015 filed by the National Accountability Bureau (NAB) before the Accountability Court at Quetta, intended to be decided by this common order to avoid any conflict in the findings. 2. The brief facts as contained in the case files that initially all the three petitioners approached this Court to admit them to pre-arrest bail in cases pertaining to Inquiry Nos.7383, 7025 and 6679, as they apprehended their arrest. The…

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