Law: National Accountability Ordinance, 1999

Section: 9(a)(b)(ix)(x),32

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss.9(a)(x)(b) & 32---Suspension of sentence---Contractual liability---Substantial portion of sentence already served by convicts were accused persons alleged to have committed offence of cheating the members of public-at-large---Trial Court convicted accused persons and they were sentenced to imprisonment for seven years each---Plea raised by accused persons was that they had undergone substantial portion of their sentence---Validity---Accused had already undergone more than 2/3rd portion of the sentence awarded---Appeals were not likely to be heard in near future and the accused had faced agony of trial for about three years---Accused were not owners of the land but had agreement to sell with owners of the land and parties were already engaged in civil litigation---Trial Court did not discuss whether a contractual liability could possibly be equated with cheating public-at-large and such was a legal infirmity in the passed by the Trial Court---High Court, in exercise of Constitutional jurisdiction, suspended sentence awarded to accused persons---Bail was allowed in circumstances. Saeedullah Soomro and another v. The State through National Accountability Bureau 2004 SCMR 660 and Makhdoom Javed Hashmi v. The State 2008 SCMR 165 rel. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(ix)---Cheating members of public-at-large---Liability, non-determination of---Effect---Liabilities of accused persons were not determined by Trial Court while recording of conviction against them---Such was prima facie, an irregularity/ illegality. THIS ORDER PASSED BY: TARIQ IFTIKHAR AHMAD, JUSTICE---.--- This order shall dispose of following W.P.s seeking post-arrest bail: 1. W.P. No. 161594 of 2018 titled "Abdul Hameed v. NAB and others" 2. W.P. No. 171692 of 2018 titled "Muhammad Jameel Ahmad v. NAB and others"; and 3. W.P. No. 160398 of 2018 titled "Fayyaz Ahmad Khan Ghauri v. NAB and others". 2. These writ petitions have been filed by the petitioners, who were convicted by the learned Special Judge, Accountability Court No. V, Lahore, vide judgment dated 22.12.2017 while deciding the Reference…

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