Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 9(a)(iii),9(a)(x),15(a),25(b),10

Law: Pakistan Penal Code, 1860

Section: 109,405

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iii) & (x), 15(a), 25(b) & 10----Penal Code (XLV of 1860), Ss.405 & 109---Corruption and corrupt practices---Disqualification to contest election or to hold public office---Criminal breach of trust; abetment---Appreciation of evidence---Voluntary return (plea bargain)---Parameters---Accused, after the Accountability Court was informed that the defaulted amount had been repaid through a civil recovery suit, was simply deemed to have been convicted, presumably applying the consequences of S. 25(b) as per the proviso of S. 15(a) of National Accountability Ordinance, 1999---Since no written offer of plea bargain by the accused, acceptance by the Chairman, NAB and no approval of the plea bargain agreement between the accused and Chairman by the Accountability Court was available on the record, present case, therefore, did not amount to a plea bargain under S.25(b) of National Accountability Ordinance, 1999 and S.15(a) of the Ordinance, therefore, would not be applicable to the accused---Unless the offences in question had been proved by admissible, cogent and reliable evidence beyond reasonable doubt by the prosecution, the accused could not have been convicted---Prosecution had not led any evidence against the accused after framing of the charge---Neither the accused's statement under S.342, Cr.P.C. had been recorded, nor he had opportunity to call the defence witnesses---Accused could not have been convicted for any of the offences and the first part of S.15(a) of National Accountability Ordinance, 1999 would not be applicable to him, as he had not been formally convicted after recording of evidence---High Court, setting aside the impugned conviction order, remanded the case to the Accountability Court to proceed with the Reference against the accused on merits in accordance with law---Appeal was allowed accordingly. Syed Ali Nawaz Shah v. The State PLD 2003 SC 837 rel. (b) National Accountability Ordinance (XVIII of 1999)---- ----S. 25----Voluntary return (plea bargain)---Pre-requisites---Essence for a plea bargain under S. 15(b) of National Accountability Ordinance, 1999 is that…

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