Law: National Accountability Ordinance, 1999

Section: 9(a),9(b)

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a) & 9(b)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, grant of---Medical ground---Report of Medical Board---Scope---Petitioner was arrested by NAB authorities for committing corruption and corrupt practices by misuse of his authority---Petitioner raised plea of his being suffering from diabetes and hypertension---Validity---Petitioner though was aged and suffering from a number of ailments at the time of examination yet he could be adequately treated in jail hospital---Continued detention of petitioner in jail was not hazardous to his life---High Court keeping in view the report of Medical Board, declined to extend benefit of ill health to the petitioner---Bail was refused in circumstances. Mohammed Yousafullah Khan v. State PLD 1965 SC 58 rel. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, JUSTICE:---.--- Through this petition, the petitioner Fareed Ahmed Yousfani seeks post arrest bail on medical grounds in Reference No. 27/2015 which is proceeding before Accountability Court II at Karachi. 2. Brief facts of the case are that the petitioner is nominated accused in Accountability. Reference No. 27/2015 relating to bifurcation of large auction plots fraudulently on forged papers without due approval of the competent authority which caused a huge loss to the public exchequer. In particular the investigation revealed that the petitioner Fareed Ahmed Yousfani ex-Project Director LARP (accused No. 1) was involved in forging and fabricating a minute sheet through forged/false signatures of Roshan Sheikh, the then DCO Karachi to seek changes in approved planning in respect of large auction plots, which were earmarked to be auctioned through a minimum reserve price of Rs.50,000 per sq. yds. This was done to illegally allot these plots in the shape of 32 sq. yds. plots in Sector 1 Lines Area, the purported minute sheet never existed in the record. In addition to this, the accused No. 1 signed allotment orders in the shape of 32 sq. yd. Plots which were carved out from the large reserved auction plots. As a result of this misuse of authority in connivance with other co-accused…

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