Case Details

Citation(s)
2017 SLG 2316 2017 SLD 2316 2017 MLD 818
Sindh High Court
Constitution Petition No. D-3624 of 2016, decision Dated: 29-11-2016. Hearing Date : 23-11-2016.
NAIMATULLAH PHULPOTO, JUSTICE, MOHAMMAD KARIM KHAN AGHA, JUSTICE
Kumail Ahmed Sherazi for Petitioner. Muhammad Altaf Special Prosecutor, NAB for
Respondents Nos. 1 and 2. Ashfaq Rafique Janjua for
Respondent No. 3.

SYED RASHID HUSSAIN RIZVI

VS

CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU THROUGH NATIONAL ACCOUNTABILITY BUREAU AND 2 OTHERS

Law:

Section:

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(b), 18(g) & 24(b)---Corruption and corrupt practices---Bail sought on the ground of hardship/statutory delay in conclusion of trial---Scope---Accused was arrested by National Accountability Bureau on the allegations that he was involved in land scam and loss of Rs. 399.288M was caused to the national exchequer---Validity---Record showed that accused was in custody for around 17 months---Delay in conclusion of trial had occasioned due to the adjournments sought by accused---Provisions of S. 497, Cr.P.C. were, not as such, applicable for the purpose of grant of bail to an accused facing charges under National Accountability Ordinance, 1999---Bail on statutory grounds was not available in NAB cases---Circumstances established that accused had not made out a case for bail on hardship/statutory grounds---Constitutional petition was dismissed in circumstances---High Court directed the Trial Court that in order to avoid the inordinate delay shocking or unconscionable, and taking into account the right of accused to an expeditious trial, hear the case on day to day basis without allowing any adjournments on any flimsy grounds and to complete the trial within four months. Khan Asfand Yar Wali v. Federation of Pakistan PLD 2001 SC 607; Muhammad Bashir v. The State 1987 PCr.LJ 230; Muhammad Saeed Mehdi v. The State 2002 SCMR 282; Mian Manzoor Ahmed Watto v. The State 2000 SCMR 107; Sanjay Chandra and others v. Central Bureau of Investigation Principle of Granting Bail 2012 SCMR 1732 SC India; Makhdoom Javed Hashmi v. The State 2003 PCr.LJ 266, Muhammad Afzal Butt v. The State 2015 SCMR 1696, Muhammad Javaid v. The State 2003 PCr.LJ 273; Munawar Hussain Manj v. The State 2000 SCMR 1585; Imran Amin v. The State 2002 MLD 1416 and Amir v. The State 1991 PCr.LJ 534 ref. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, JUSTICE:---.--- This petition has been filed by Syed Rashid Hussain Rizvi (the Petitioner) for grant of post arrest bail on statutory grounds in National Accountability Bureau (NAB) Reference No. 27 of 2015 The State v. Fareed Ahmed Yousafani and others which was filed by the NAB at Karachi on…
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