Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Constitution of Pakistan, 1973

Section: 199

Law: National Accountability Ordinance, 1999

Section: 9(a),(b)

Criminal Procedure Code (V of 1898)--- ----S. 497---National Accountability Ordinance (XVIII of 1999), S. 9(a) & (b)---Constitution of Pakistan, Art. 199---Constitutional petition---Corruption and corrupt practices---Bail, refusal of---Voluntary return by co-accused--- Effect--- Accused was Managing Director of a construction company and he was arrested for constructing substandard road---Validity---High Court under constitutional jurisdiction was not supposed to go into technicalities, on ground alleged substandard condition of road as the same would be looked into by Trial Court during the course of recording of evidence---Two members of troika i.e. project director and consultant accepted their guilt and also coughed up their respective shares by way of Voluntary Return---Prima facie case existed against accused as well which squarely fell within the domain of corruption and corrupt practices and he was disentitled to concession of bail--- Petition was dismissed in circumstances. 2014 PCr.LJ 186; 2014 MLD 276 and 2011 MLD 602 ref. JUDGMENT QAISER RASHID KHAN, J.---Through the present constitutional petition, the petitioner seeks bail in case Reference No.1/2014 pending trial before the learned Accountability Court-III Peshawar. 2. Briefly stated facts leading to the instant petition are that the petitioner is the Managing Director of a Partnership Firm namely, Messrs Abdali Brothers registered with the Pakistan Engineering Council as a Contractor and had offered bid pursuant to tender notice published by the Project Director Foreign Aided Projects Works and Services Department N.-W.F.P. (KPK) for the rehabilitation of road works from Lahore to Adina Sections I and II (District Swabi) which were accordingly awarded to him vide notification dated 20-1-2007. After the completion of the subject works, the Project Consultant being the team leader, recommended for the issuance of Substantial Completion/Taking Over Certificate for both sections with effect from 31-12-2009 vide letter dated 14-1-2010. Thereafter the Project Consultant asked the petitioner for additional overlay of 50-mm thick Asphalt Concrete Wearing Course at the original B.O.Q. rates of…

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