| Citation(s) |
|---|
| 2019 SLG 2273 2019 SLD 2273 2019 PLJ 103 |
Islamabad High Court
W.P. No. 2314 of 2015, decision & hearing Dated: 28.04.2016.
MIANGUL HASSAN AURANGZEB, JUSTICE AAMER FAROOQ, JUSTICE
Petitioner(s) by: Malik Tahir Mehmood, Advocate
Respondent(s) by: Shahzada Mazhar, Advocate No. 3. Mr. Taassadduq Khursheed Abbasi, Advocate for State Bank of Pakistan.
W.P. No. 2314 of 2015, decision & hearing Dated: 28.04.2016.
MIANGUL HASSAN AURANGZEB, JUSTICE AAMER FAROOQ, JUSTICE
Petitioner(s) by: Malik Tahir Mehmood, Advocate
Respondent(s) by: Shahzada Mazhar, Advocate No. 3. Mr. Taassadduq Khursheed Abbasi, Advocate for State Bank of Pakistan.
CHAUDHRY MUHAMMAD ARIF
VS
NATIONAL ACCOUNTABILITY BUREAU (NAB) AND 2 OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Law: National Accountability Bureau Ordinance, (XVIII of 1999)
Section: 5(r),31(d)
Law: Criminal Procedure Code (V of 1898)
Section: 497
Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, (V of 1898), S. 497--National Accountability Bureau Ordinance, (XVIII of 1999), Ss. 5(r) & 31(d)--Bail after arrest--Refusal of--Obtaining of finance facility payable in two years--Willful default--Suit for recovery of outstanding amount--Decreed--Decree was not realized--Filling of reference--Grant of interim bail--subject to made decretal amount within six months--Recording of statement--Failed to pay decretal amount--Recovery of order--Petitioner on 28.09.2015 appeared before this Court and made a statement in following terms: "That I intend to satisfy /decree within a period of six (06) months from my release--Moreover, I have o intention to contest appeal which is pending before this Court and will withdraw same once I am released from jail." In pursuance of statement petitioner submitted a schedule for payment of decretal amount in sum of Rs. 193,500,000/---Under schedule entire payment was to be made within six months of petitioner's release--In pursuance of statement of petitioner vide order dated 06.10.2015 petitioner was allowed interim bail to make payment of Rs. 50.00 million with Executing Court within one month of his release from jail--Petitioner did not adhere to his undertaking, therefore, this Court vide order dated 19.01.2016 passed in CM. No. 4798/2015 recalled, order dated 6.10.2015--Above facts and circumstances prima facie connect petitioner with commission of offence of willful default--Petition was dismissed. THIS ORDER PASSED BY: AAMER FAROOQ, JUSTICE---.--- Through the instant petition the petitioner namely Ch. Muhammad Arif S/o Ch. Ghulam Din seeks bail after arrest in Reference No. 13/2015. 2. The petitioner was arrested on 11.05.2015. The charge against the petitioner is that he is the Chief Executive of M/s Rose Associates and obtained finance facility/loan to the tune of Rs. 150.00 million from Saudi Pak Industrial and Agricultural Investment Company (Pvt.) Ltd. in 2006 which was payable in two years time. The petitioner failed to repay the finance/loan in accordance with the terms of the same, Saudi Pak Industrial and Agricultural Investment Company…
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