Case Details

Citation(s)
2016 SLG 2582 2016 SLD 2582 2016 PCRLJ 1498
Sindh High Court, Sukkur Bench

AQEEL AHMED ABBASI AND GHULAM QADIR LEGHARI, JUSTICE
Fiaz H. Shah for Petitioner.

MUHAMMAD ALI

VS

. FEDERATION OF PAKISTAN THROUGH SECRETARY CABINET AND 5 OTHERS

Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9, 18(a) & 24(a)---Embezzlement of Government funds and misusing official powers---Bail, grant of---Allegations against accused were that he misused his official powers, prepared false bills in the name of false persons; and deprived the National Exchequer of huge funds with collusion of Manager of State owned Bank---Investigating Officer of NAB, had not recovered the copies of alleged false bills allegedly prepared by accused---Investigating Officer, had neither collected evidence with regard to allegedly embezzled amount which was found in the account of accused, or in the account of his family member; nor there was any evidence to show that accused was living life beyond his source of income---No role had been assigned to accused with regard to the alleged offence of embezzlement of the amount---Entire case of prosecution revolved around documentary evidence, which was already in their possession---Accused was no more required for investigation---Co-accused had already been admitted to bail---Case against accused required further inquiry---Accused was granted bail, in circumstances. Hassan Jameel Ansari and another v. National Accountability Bureau (NAB) and another 2012 YLR 2809; Nadeem Majeed v. The State 2007 SCMR 1958; Naseem Abdul Sattar and 6 others v. Federation of Pakistan and 4 others PLD 2013 Sindh 357; Abdul Aziz Memon and others v. The State and others PLD 2013 SC 594; Ghulam Haider Jamro and another v. Chairman NAB 2007 YLR 541; Mrs. Riaz Qayyum v. The State and another 2004 SCMR 1889 and Dr. Mirza Raza Ali v. The State through Chairman National Accountability Bureau 2007 PCr.LJ 1088 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principles---While deciding bail application, only tentative assessment was to be made; and it was to be seen whether prima facie there existed any reasonable grounds against accused to connect him with alleged offence, which could fall within the prohibitory clause of S.497, Cr.P.C., or otherwise---Prosecution was to prove that there were reasonable grounds to believe that accused had committed the crime---Liberty of person was…
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