Law: National Accountability Ordinance, 1999

Section: 9(a)(ix),(b)

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----S. 9 (a) (ix) & (b)---Constitution of Pakistan, Art. 199---Bail, grant of---Direction, non-compliance of---Petitioners were accused facing trial on the allegation of cheating members of public-at-large---Plea raised by petitioners was that despite lapse of direction given by High Court, Trial Court had not concluded the trial without any fault attributed to them---Validity---No fresh ground was available to the petitioner who was only seeking second post-arrest bail on the ground of non-compliance of direction---Non-observance of direction by the High Court was not a valid ground for grant of bail---Petitioners had deprived innocent people from their hard earned money which resulted into financial loss of Rs.131.58 million---Petitioners were, prima facie, connected with heinous crime and trial was in progress---Bail was declined in circumstances. Nisar Ahmad v. The State and others PLD 2016 SC 11 and Rehmat Ullah v. The State 2011 SCMR 1332 rel. THIS JUDGMENT DELIVERED BY: MOHSIN AKHTAR KAYANI, JUSTICE---.--- Through this writ petition the petitioners have prayed for grant of post-arrest bail till the conclusion of trial/reference pending before the NAB Court. 2. Brief facts referred in the instant writ petition are that the appellant No. 1/Mumtaz Ali Malik, being CEO of the Messrs MAM Securities (Pvt.) Ltd. and petitioner No. 2/Muhammad Ali Asghar, being Director of the said firm and son of the petitioner No. 1, defrauded investors and embezzled an amount of Rs.131.58 million. 3. Learned counsel for petitioners, inter alia, contends that this is the second writ petition to the extent of petitioner No. 1 on the subject for grant of post arrest bail as earlier Writ Petition No. 2747/2017 (Mumtaz Ali Malik v. NAB) was dismissed by this Court vide order dated 23.10.2017, whereas this writ petition is the first attempt on the part of petitioner No. 2 for grant of post arrest bail; that after dismissal of the first writ petition of the petitioner No. 1, he approached the apex Court through C.P. No. 4800/2017 whereby the same was dismissed by the apex Court vide order dated 30.01.2018 with the direction to…

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