Case Details

Citation(s)
2018 SLG 2956 2018 SLD 2956 2018 PCRLJ 212
Sindh High Court
Constitutional Petition No. D-7561 of 2017, decision Dated: 28-12-2017. hearing Dated:19-12-2017.
MOHAMMED KARIM KHAN AGHA, JUSTICE
Petitioner(s) by: Muhammad Altaf, Special Prosecutor, NAB.

WASEEM IQBAL

VS

CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU (NAB) AND 2 OTHERS

Law: National Accountability Ordinance, 1999

Section: 9(a)(vi),(b)

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(vi) & (b)--- Constitution of Pakistan, Art. 199---Constitutional petition---Bail, grant of---Delay in conclusion of trial---Hardship case---Petitioner was arrested by National Accountability Bureau for causing significant loss to national exchequer by processing lease files illegally---Contention of petitioner was that he had been in continuous detention for almost 2-1/2 years without conclusion of trial---Validity---Trial against petitioner was proceeding expeditiously and was likely to conclude shortly, provided that accused did not cause any further unnecessary delay---Evidence of Investigating officer was recorded and Trial Court could conclude trial---High Court declined to exercise its discretionary jurisdiction to grant bail to accused on grounds of hardship and rule of consistency---High Court directed Trial Court to complete trial in six weeks---Bail was declined in circumstances. Shahid Umar v. Chairman NAB C.P. No. D-5369 of 2017 decision dated:12.10.2017 distinguished. Faisal Hussain Butt v. The State 2009 SCMR 133; Atta Abbass Zaidi v. Chairman NAB PLD 2017 Sindh 120; Tahir Jameel Durrani v. NAB C.P. No.D-2310 of 2017 and Rehmatullah v. State 2011 SCMR 1332 ref. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, J.--- By this order, we propose to dispose of the above petition which has been filed and pleaded by learned counsel for the petitioner (Waseem Iqbal) for seeking post arrest bail in Reference No.27 of 2015 (State v. Fareed Ahmed Yousafani), solely on the grounds of hardship coupled with the rule of consistency. 2. The brief facts of the case are that the petitioner was charged along with 39 other co-accused in National Accountability Bureau (NAB) Reference No.27/2015 for acts of corruption and corrupt practices under section 9 of the National Accountability Bureau Ordinance 1999 (NAO) in connection with the Lines Area Redevelopment Project (LARP) which acts of corruption caused a loss of millions of rupees to the national exchequer. 3. The role which has been assigned by the petitioner as set out in the Reference No. 27 of 2015 alleged therein that Waseem Iqbal/petitioner,…
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