Case Details

Citation(s)
2017 SLG 494 2017 SLD 494 2017 PCRLJ 269
Sindh High Court
Constitutional Petition No. D-7451 of 2015, heard on 29th December, 2015, Date of hearing: 29th December, 2015.
SHAHNAWAZ TARIQ, JUSTICE
Aamir Mansoob Qureshi and Muhammad Rehman Ghous for Petitioner. Noor Muhammad Dayo, D.P.G. NAB for
Respondents.

SIKANDER ALI QURESHI

VS

CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU AND 2 OTHERS --RespondentS

Law:

Section:

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(ix) & 9(b)---Criminal Procedure Code (V of 1898), S.497(2)---Bail, grant of---Cheating members of public at large---Medical ground---Case of further inquiry---Petitioner was Sub-Registrar at the office of Board of Revenue and he was arrested by National Accountability Bureau on the allegation that he registered documents with lesser amounts than the due amount, cheated members of public at large and caused loss to national exchequer---Plea raised by accused was that he charged duties on the basis of valuation notified by Provincial Government and that he was suffering from kidney disease---Validity---Authorities failed to show that there was any criminal act of financial nature, within the meaning of S. 9(a)(ix) of National Accountability Ordinance, 1999, committed by accused to cheat or defraud public at large or caused loss to public exchequer---More substantial evidence was needed to prove criminal liability of accused, which could only be done at trial---Prosecution case was entirely based on documentary evidence which after collection was lying in custody of NAB authorities and there was no question of tampering with the same---Allegation against accused with regard to his participation in the offence was yet to be proved by prosecution as such his further detention would not serve any useful purpose---Investigation had already been completed and accused was no more required for further investigation---Accused had made out a case of further inquiry within the meaning of S. 497(2), Cr.P.C.---Acute sickness and ailment of accused could not be properly treated in jail premises which required specialized treatment and proper care was not possible in jail---Continuous detention of accused in jail would be detrimental and harmful to his life---Accused was entitled to bail on medical grounds also---Bail was allowed in circumstances. Haji Mir Aftab v. The State 1979 SCMR 320; Imtiaz Javed v. The State PLD 2008 Kar. 522; Muhammad Boota v. The State 2013 PCr.L.J 318; Abdul Hadi Siddiqui v. National Accountability Bureau 2015 PCr.LJ 185; Manzoor Ali v. The State 2013 PCr.LJ 649; Sanjay Chandra and…
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