Law: National Accountability Ordinance, 1999

Section: 9,24

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9 & 24---Constitution of Pakistan, Art. 199---Constitutional petition---Corruption and corrupt practices---Accountability Court proceedings--- Post-arrest bail, grant of----Rule of consistency---Scope, who was a Tehsil Officer of Municipal Authority, was accused of issuing completion certificate for a housing scheme under investigation by National Accountability Bureau ("NAB"), and sought post-arrest bail, inter alia, on the ground that his arrest had no substantial basis---Validity----Tehsil Officer of status of petitioner was neither competent nor had expertise to make requisite certification and such certificate was of no legal consequence and there existed no evidence that he received any pecuniary benefit by issuing such false certificate---Further inquiry was required to determine whether petitioner was guilty of corruption or mere negligence's case was at par with his superior officer who had been given relief of post-arrest bail, and therefore petitioner was entitled to the same relief as per rule of consistency---Case against petitioner was entirely based on documentary evidence, which was in possession of prosecution and no possibility of tampering with the same existed---Trial was not likely to be concluded in near future and no useful purpose could be served by keeping petitioner behind bars for indefinite period was accordingly admitted to post-arrest bail subject to furnishing of security---Constitutional petition was allowed, accordingly. Muhammad Fazal alias Bodi v. The State 1979 SCMR 9; Muhammad Daud and another v. The State and another 2008 SCMR 173 and Gulab Khan v. Chairman NAB and another 2020 SCMR 285 rel. ORDER Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Petitioner Asghar Virk seeks post-arrest bail in Reference No.24-M-2019 pending in the Accountability Court, Multan. 2. Brief facts of the case are that in the year 2012 Muhammad Ramzan, Sarfraz Khan and Muhammad Rafique Javed (hereinafter referred to as the "Developers") launched Ajwa Garden Housing Scheme comprising 92 kanals 18 marlas in Mauza Qadir Bahhish Channer,…

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