Case Details

Citation(s)
2018 SLG 167 2018 SLD 167 2018 MLD 6
Sindh High Court
C.P. No. D-3795 of 2016, decision Date : 20-03-2017, hearing Date : 13-03-2017.
MUHAMMAD ALI MAZHAR, JUSTICE, ABDUL MAALIK GADDI, JUSTICE
Muhammad Ramzan Tabassum for Petitioner with Petitioner in person.

NADIR JAN

VS

THE CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU AND 3 OTHERS

Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----S.9(a) & (b)---Pre-arrest bail, grant of---Further inquiry, case of sought pre-arrest bail---Validity was not nominated in original reference but he was implicated in supplementary reference and the same had tentatively given the impression that at initial stage no evidence was available against the petitioner---Amount lying in personal account of petitioner needed evidence whether it was money of Modaraba business or from petitioner's own resources or earnings---Fact that the amount mentioned in investigation report was transferred/credited from the account of main accused was to be established during trial whether the same was really credited to deprive or misappropriate the amount of investors in Modaraba business or there was some dealings between petitioner and main accused---Such aspect of case required further probe during trial---Bail was allowed in circumstances. Muhammad Fazil alias Bodi v. The State 1979 SCMR 9; Muhammad Daud and another v. The State and another 2008 SCMR 173; Ibrahim v. Hayat Gul and others 1985 SCMR 382; Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182 and Jafar alias Jafri v. The State 2012 SCMR 606 ref. (b) Bail--- ----Grant or refusal of---Evidence---Deeper appreciation---Scope---Deeper appreciation of evidence cannot be gone into at bail stage---Bird eye view is to be taken to available record before Court to satisfy prima facie whether accused are connected with commission of offence or not---Benefit of doubt goes to accused even at bail stage. THIS ORDER PASSED BY: BDUL MAALIK GADDI, JUSTICE:---.--- Through this constitution petition, the petitioner has applied for pre-arrest bail in NAB Reference No. 09 of 2014. Initially, the petitioner was not nominated in the said reference, however, by means of supplementary reference filed by the respondents in the Accountability Court No. 1, Karachi, he has been implicated as accused No. 7. The petitioner was granted interim pre-arrest bail by this court on 27.06.2016 subject to furnishing his solvent surety in the sum of Rs.300,000/- (Rupees Three Lacs only) and P.R. bond in the like amount to the satisfaction of the…
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