| Citation(s) |
|---|
| 2019 SLG 1790 2019 SLD 1790 2019 YLR 1865 |
Sindh High Court
C. Ps. Nos. D-630, D-4509, D-4560 and D-3543 of 2016, decision Dated: 27-03-2018. Dates of hearing: 13th and 16-03-2018.
MOHAMMAD KARIM KHAN AGHA, JUSTICE
Petitioner(s) by: Ali Asghar Buriro (in C.P. No. D-630 of 2016).
Respondent(s) by: Muhammad Altaf, Special Prosecutor, NAB
C. Ps. Nos. D-630, D-4509, D-4560 and D-3543 of 2016, decision Dated: 27-03-2018. Dates of hearing: 13th and 16-03-2018.
MOHAMMAD KARIM KHAN AGHA, JUSTICE
Petitioner(s) by: Ali Asghar Buriro (in C.P. No. D-630 of 2016).
Respondent(s) by: Muhammad Altaf, Special Prosecutor, NAB
AFTAB AHMED MEMON
VS
THE CHAIRMAN, NAB AND OTHERS
Law: National Accountability Ordinance, 1999
Section: 9(a)(b)(iv)(vi)
Law: Constitution of Pakistan, 1973
Section: 199
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv)(vi) & 9(b)---Criminal Procedure Code (V of 1898), S.497(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Pre-arrest bail, grant of---Mala fide---Further inquiry---Case of further inquiry---Illegal allotment of land---Petitioners were accused of misuse of authority in allotment of land and sought pre-arrest bail on grounds of mala fide of National Accountability Bureau Authorities---Validity---Pre-arrest bail was an extraordinary relief and was only available in cases where there had been mala fide on part of complainant or investigating agency---Mala fides was often difficult to prove and could be inferred from facts and circumstances surrounding/concerning a particular case---Tinges of mala fide by National Accountability Bureau in including petitioners could exist in reference as both allotments were cancelled and there was no loss caused to the State and no benefit to any of the petitioners---High Court confirmed pre-arrest bail of petitioners as facts and circumstances made it a case of further inquiry---Pre-arrest bail was confirmed in circumstances. Maqbool Ahmed Lehri and another v. National Accountability Bureau and another 2016 SCMR 154; Abdul Qadir v. Federation of Pakistan 2002 SCMR 1478; The State and others v. M. Idress Ghauri and others 2008 SCMR 1118; Ramesh M. Udeshi v. The State 2005 MLD 1854 and Muzammil Niazi and others v. The State PLD 2003 Kar. 526 ref. Rana Mohammed Arshad v. Muhammed Rafique PLD 2009 SC 427 and Mukhtar Ahmad v. The State and others 2016 SCMR 2064 rel. THIS ORDER PASSED BY: MOHAMMAD KARIM KHAN AGHA, J.--- By this common order we propose to dispose of the above mentioned petitions which have been filed by the petitioners for pre-arrest bail. The petitioners all have been granted ad-interim pre-arrest bail by various orders of this court. 2. The brief facts of the case are that on receipt of several complaints against the Officers/Officials of Land Utilization Department Govt. of Sindh for their involvement in the illegal allotment of land measuring 350 acres of Clifton Shore, an inquiry was authorized which was subsequently…
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