| Citation(s) |
|---|
| 2017 SLG 1323 2017 SLD 1323 2017 PLD 89 |
Balochistan High Court
Constitutional Petition No. 257 of 2017, decided on 16th June, 2017. Heard on: 30th May, 2017.
MRS. SYEDA TAHIRA SAFDAR, JUSTICE
Sardar M. Latif Khan Khosa, Mustafa Abbasi, Nadir Ali Chalgari and Khursheed Anwar Khosa for Petitioner. Ch. Mumtaz Yousaf, DPG, NAB for
Respondents.
Constitutional Petition No. 257 of 2017, decided on 16th June, 2017. Heard on: 30th May, 2017.
MRS. SYEDA TAHIRA SAFDAR, JUSTICE
Sardar M. Latif Khan Khosa, Mustafa Abbasi, Nadir Ali Chalgari and Khursheed Anwar Khosa for Petitioner. Ch. Mumtaz Yousaf, DPG, NAB for
Respondents.
IMRAN GICHKI
VS
CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU THROUGH DIRECTOR-GENERAL AND another
Law:
Section:
National Accountability Ordinance (XVIII of 1999)-- ---.----S. 9(a)(iv) (b)---.---Criminal Procedure Code (V of 1898), S. 497---.--- Constitution of Pakistan, Art. 199---.---Constitutional petition---.---Bail, refusal of---.---Assets beyond known sources of income---.---Petitioner was ex-Personal Staff Officer to the Chief Minister and he was arrested by National Accountability Bureau on allegation of accumulation of assets beyond his known sources of income---.---Validity---.---Analysis of income and existing assets of petitioner were investigated and tabulated by National Accountability Bureau which prima facie made out a case of accumulation of assets beyond his known sources of income with specification of role on part of petitioner who was connected to offences as charged---.---All offences under National Accountability Ordinance, 1999 were non-bailable and bail could not be granted under S.497, Cr.P.C., to accused facing charges under National Accountability Ordinance, 1999---.---High Court, in exercise of jurisdiction under Art.199 of the Constitution, could exercise powers available under S.497, Cr.P.C., to grant bail to an accused for offences under National Accountability Ordinance, 1999, in appropriate circumstances---.---Powers as conferred by Art.199 of the Constitution placed a discretion with the Court to be exercised judiciously---.---Material available on record prima facie connected petitioner with acts alleged, thus, there was no justification to allow concession to petitioner---.---Constitutional petition was dismissed in circumstances. Anwarul Haq Qureshi v. National Accountability Bureau and others 2008 SCMR 1135; Aga Jehanzeb v. NAB and others 2005 SCMR 1666; Arif Sharif v. Chairman NAB 2004 SCMR 1805; Muhammad Irshad Khan v. Chairman NAB and others 2007 PCr.LJ 1957; Brig. (R) Imtiaz Ahmad v. The State PLD 2017 Lah. 23; Khan Haroon Resikh v. The State and 2 others PLD 2003 Lah. 517; Abdul Aziz Khan Niazi v. The State PLD 2003 SC 668; Muhammad Nadeem Anwar and another v. NAB and others PLD 2008 SC 645; Syed Qasim Shah v. The State 2009 SCMR 790; Saeed Ahmed v. The State 1996 SCMR 1132; Muhammad Saeed Mehdi v. The State and 2 others 2002…
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