Case Details

Citation(s)
2019 SLG 2266 2019 SLD 2266 2019 PLJ 96
Islamabad High Court
W.P. No. 261 of 2016, decision & hearing Dated: 26.04.2016
SHAUKAT AZIZ SIDDIQUI, JUSTICE MOHSIN AKHTAR KAYANI, JUSTICE
Petitioner(s) by: Mr. Muhammad Amjad Iqbal Qureshi and Mr. Abdul Rashid Marwat, Advocate

IRSHAD ULLAH JAN

VS

STATE AND ANOTHER

Law: Constitution of Pakistan, 1973

Section: 199

Law: National Accountability Ordinance, 1999

Section: 9(a)

Law: Criminal Procedure Code (V of 1898)

Section: 161,497

Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, (V of 1898), S. 497--National Accountability Ordinance, (XVIII of 1999), S. 9(a)--Post arrest bail--Cancellation of--Appointment as Director marketing--Conducting of inquiry against Chief Executive by NAB--Issuance of arrest warrant of petitioner Receiving of amount to public through modaraba company by principal accused--Publishing of public notice by NAB--Filling of claims--Concealment and misappropriation of properties by petitioner after arrest of principal accused--Gravity of offence--Petitioner played active part in concealment and misappropriation of properties after arrest of Mufti Ehsan Ul Haq being his abettor and partner in alleged crime as petitioner acted on instructions of principal accused to protect illegal assets by transferring vehicles in name of close relatives as well as through selling of different moveable and immoveable properties and received huge amount--Prima facie petitioner is involved in offence of committing fraud with public at large which is punishable under NAO 1999, his role has clearly been defined in reference and sufficient material has been collected by Investigation Officer which connects petitioner with alleged crime--Offence with which petitioner has been charged falls within ambit of prohibitory clause of 497 Cr. P.C. alleged crime with which petitioner is charged is against society and granting bail to petitioner at this stage, would amount to trivialize and play down gravity of alleged offence--We are not inclined to grant post arrest bail to petitioner, his role is clearly defined as a person who removed assets of Mufti Ehsan-ul-Haq of Modaraba scam rather petitioner got benefit from crime proceeds by selling vehicles purchasing properties knowingly when principal accused is behind bars--Prime facie sufficient incriminating material is available on record to saddle accused with alleged offences--Petition was dismissed. 2015 PCr.LJ 1517, 2010 SCMR 1221, ref. THIS ORDER PASSED BY: MOHSIN AKHTAR KAYANI J. Through this writ petition, petitioner has prayed for bail after arrest in Reference No. 02/2014 under offence 9 (a) of NAO 1999. 2. Brief facts…
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