| Citation(s) |
|---|
| 2018 SLG 1024 2018 SLD 1024 2018 PCRLJ 341 |
Peshawar High Court
Writ Petition No. 2699-P of 2017, decision & hearing Dated: 24-10-2017.
WAQAR AHMAD SETH, JUSTICE, MUHAMMAD GHAZANFAR KHAN, JUSTICE
Arshad Hussain Yousafzai for Petitioner. Muzammil Khan for
Respondents. Umar Farooq (ADPG) for the State.
Writ Petition No. 2699-P of 2017, decision & hearing Dated: 24-10-2017.
WAQAR AHMAD SETH, JUSTICE, MUHAMMAD GHAZANFAR KHAN, JUSTICE
Arshad Hussain Yousafzai for Petitioner. Muzammil Khan for
Respondents. Umar Farooq (ADPG) for the State.
JAMSHAD KHAN
VS
NATIONAL ACCOUNTABILITY BUREAU THROUGH CHAIRMAN AND OTHERS
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497---National Accountability Ordinance (XVIII of 1999), S. 9---Corruption or corrupt practices---Bail, grant of---Statutory ground of delay---Record showed that there were two hundred and ninety six prosecution witnesses which were to be examined in due course of law---High Court while declining earlier bail application of accused had directed the Trial Court to conclude trial within two months, but record showed that only eight out of two hundred and ninety six prosecution witnesses were examined---Trial was to consume sufficient long time for the evidence, therefore keeping the accused behind the bars for indefinite period would not be in the interest of justice and fair play---Accused was entitled to bail on the ground of statutory delay in conclusion of trial---Constitutional petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, JUSTICE:---.--- Jamshad Khan Petitioner herein, being aggrieved and having no other efficacious remedy has directed this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the prayer of his release on bail till the final disposal of the reference. 2. We have heard learned counsel for the parties and perused the available record. 3. It is pertinent to mention here that on merits as well as on the ground of statutory delay, the plea for bail has been declined by this Court vide writ petitions Nos. 2431-P of 2015 and 3494-P of 2016, dated 26.1.2016 and 21.3.2017, so merits of the case needs no discussion. 4. Perusal of record suggests that petitioner along with co-accused had started business in the name of "Life Medicine Company Trader" (LMC) at Doaba, District Hangu, and allegedly cheating/ looted general public by collecting money from them on the pretext of "Mudariba" business and had received Rs. 3.158 billion, against which the respondents-NAB initiated inquiry which was subsequently culminated into investigation and filing of reference No.02/2014 before Competent Court of law. On 28.3.2015, petitioner filed writ petition No. 999-P of 2015, for ad-interim pre-arrest bail before this Court which was…
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