Case Details

Citation(s)
2018 SLG 2686 2018 SLD 2686 2018 PCRLJ 10
Sindh High Court
Constitutional Petition No. 3560 of 2016, decision and hearing Dated: 10-05-2017.
MUHAMMAD, JUNAID GHAFFAR, JUSTICE MUHAMMAD HUMAYON KHAN, JUSTICE
Petitioner(s) by: Muhammad Naeem Memon
Respondent(s) by: Riaz Alam Khan, Special Prosecutor NAB

RASOOL BUX SOHO

VS

FEDERATION OF PAKISTAN THROUGH CHAIRMAN NAB AND ANOTHER

Law: National Accountability Ordinance, 1999

Section: 9(b)

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(b)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, refusal of--- Direction by High Court; non-compliance of---Second bail application---Scope---Petitioner was arrested by National Accountability Bureau authorities who filed second bail application on the ground that Trial Court could not conclude trial within the direction of time issued by High Court---Validity---Second bail application could be filed only on a fresh ground namely a ground that did not exist at the time when first application was made---If first bail application was dismissed on merits, second bail application was neither maintainable in law nor entertainable by High Court---Failure of Trial Court to comply earlier direction of High Court to decide matter expeditiously was unwarranted in law for grant of bail in subsequent application---Constitutional petition was dismissed in circumstances. Nazir Ahmed and another v. The State and others PLD 2014 SC 241; Nisar Ahmed v. The State and others PLD 2016 SC 11; Amir Masih v. The State and another 2013 SCMR 1524 and Muhammad Aslam v. The State and others PLD 2015 SC 41 rel. THIS ORDER PASSED BY: MUHAMMAD HUMAYON KHAN, J.--- By this order, we intend to decide this petition which is filed for grant of bail in NAB Reference No. 42 of 2015 (State v. Rafique Memon and 9 others) which is pending before the Accountability Court in Karachi. 2. The petitioner had earlier filed Const. Petition No. 4726 of 2015 in this Court, which was heard along with other petitions by the Hon'ble Division Bench of Mr. Justice Ahmed Ali M. Shaikh (now My Lord the Chief Justice) and Mr. Justice Muhammad Karim Khan Agha and by common Order dated 12.02.2016 all the six petitions were dismissed on merits and bail was declined to all the petitioners including the petitioner in the instant petition by a detailed well-reasoned Order. 3. One of the petitioner namely Malik Shahid Ahmed (Const. Petition No. D-5988 of 2015) filed Civil Petition No. 402 of 2016 against the above-referred Order dated 12.02.2016 before the Hon'ble Supreme Court of Pakistan, which was dismissed by Order dated 31.03.2016 on…
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