| Citation(s) |
|---|
| 2016 SLG 570 2016 SLD 570 2016 PLD 41 |
Sindh High Court
C.Ps. Nos. D-2820, D-2918 and D-3102 of 2014, decided on 25th July, 2014. Date of hearing: 25th July, 2014.
MUHAMMAD ALI MAZHAR AND SHAHNAWAZ TARIQ, JJ
Amir Haider Shah and Malik Muhammad Ejaz for the Petitioner (in C.P. No. D-2820 of 2014). Syed Ghulam Hasnain for the Petitioner (in C.P.No. D-2918 of 2014). Rauf Ahmed and Khurram Nizam for the Petitioner (in C.P. No. D-3102 of 2014).
C.Ps. Nos. D-2820, D-2918 and D-3102 of 2014, decided on 25th July, 2014. Date of hearing: 25th July, 2014.
MUHAMMAD ALI MAZHAR AND SHAHNAWAZ TARIQ, JJ
Amir Haider Shah and Malik Muhammad Ejaz for the Petitioner (in C.P. No. D-2820 of 2014). Syed Ghulam Hasnain for the Petitioner (in C.P.No. D-2918 of 2014). Rauf Ahmed and Khurram Nizam for the Petitioner (in C.P. No. D-3102 of 2014).
Syed MANSOOR ALI and others
VS
CHAIRMAN, NAB and others
Law: National Accountability Ordinance, 1999
Section: 9(a),9(b),18g,24b
Law: Criminal Procedure Code (V of 1898)
Section: 497(1),thirdproviso
National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a) & (b)---National Judicial Policy, 2009---Criminal Procedure Code (V of 1898), S.497(1), third proviso---Corruption and corrupt practices---Bail, grant of---Delay in conclusion of trial---Effect---Accused sought bail on the plea that they had been in custody for the past more than one year and delay in conclusion of trial was not attributed to them---Validity---Intention of law was that criminal case must be disposed of without unnecessary delay---Inordinate delay in imparting justice was likely to cause erosion of public confidence in judicial system on one hand and on the other hand, it was bound to create a sense of helplessness, despair feeling of frustration and anguish apart from adding to their woes and miseries---Guidance in National Judicial Policy, 2009, was provided to ensure its due implementation with dynamic approach within prescribed time---Provision for seeking bail on ground of statutory delay had been revived through a proviso added in S.497(1), Cr.P.C., which stipulated that court would except where it was of the opinion that delay in trial of accused had been occasioned by an act or omission of accused or any other person acting on his behalf, should be released on bail---Bail was allowed in circumstances. Syed Maqsood Ahmed v. The State through NAB and another Civil Petition No.620-K of 2011; Jamil A. Durrani v. The State PLD 2003 Kar. 393 and Muhammad Saeed Mehdi v.State and others 2002 SCMR 282 ref. ORDER MUHAMMAD ALI MAZHAR, J.--Through these constitution petitions all the petitioners have applied for bail on the ground of statutory delay. Brief facts of the case are that Jamal Abdul Nasir, Deputy Director, Banking Policy and Regulations Department, State Bank of Pakistan sent a complaint against M/s. Nationwala Financial Services Company to FIA. FIA registered FIR No.04/2013 against accused persons Syed Zahid Ali, Muhammad Asad, Mansoor Khan and their family members and others under Sections 406/419/420/468/471/34 PPC read with 27/83 of BCO, 1962 and read with 3/4 of AML Act, 2010. After lodging the FIR, interim charge sheet was submitted in the Special Court (Offences…
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