Case Details

Citation(s)
2018 SLG 1735 2018 SLD 1735 2018 PCRLJ 1171
Sindh High Court
C.P. No. D-2310 of 2017, decided on 01-11-2017. Date of hearing: 22-09-2017.
MOHAMMED KARIM KHAN AGHA, JUSTICE
Raj Ali Wahid Kunwar for Petitioner. Muhammad Altaf, Special Prosecutor, NAB for
Respondents.

TAHIR JAMEEL DURRANI THROUGH HIS WIFE

VS

NATIONAL ACCOUNTABILITY BUREAU THROUGH CHAIRMAN AND ANOTHER

Law:

Section:

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a) & (b)---Bail, grant of---Delay in conclusion of trial---Hardship, principle of---Applicability---Petitioner was accused of corruption and corrupt practices and he was in custody for past 17 months without conclusion of trial---Plea raised by petitioner was that despite lapse of direction issued by the High Court in earlier bail petition, trial could not be concluded---Validity---Casual attitude by counsel of petitioner indicated that he had no genuine desire to proceed with the case and was simply passing time until time given in direction to complete trial by High Court expired so that he could again apply for bail on hardship grounds with high possibility of such bail being granted---Such tactic on part of petitioner was a deliberate attempt to abuse concept of grant of bail on hardship grounds as well as to defeat directions of court to complete case within a timely manner---High Court while exercising discretion could not ignore such conduct which was against petitioner---Constitutional petition was dismissed in circumstances. Syed Rashid Hussain Rizvi v. Chairman NAB Civil Petition No.17 of 2017; Nisar Ahmed v. The State and others PLD 2016 SC 11; Amir Masih v. The State and another 2013 SCMR 1524; Shahid Umer v. The Chairman NAB C.P. No. D-5369 of 2017; Malik Naveed Khan v. DG NAB (unreported) dated 30.03.2016 and Saifullah v. State PLD 2017 Isl. 143 ref. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, J.--- The petitioner seeks post arrest bail in Reference No.27 of 2015 (State v. Fareed Ahmed Yousufani). 2. The prosecution case as alleged in the Reference No.27 of 2015 are that the investigation reveals that Tahir Jameel Durrani, Ex-Project Director LARP (accused No.2)/petitioner was involved in illegal bifurcation of 32 sq. yard plots for Plot No.C-2/9, measuring 1333 sq. yds. and illegally allotted 40 plots of 32"sq. yards each to fictitious allottees in the garb of hardship cases through forged/maneuvered note sheet containing fake/fictitious signatures of the then DCO/Administrator KMC in sector 1 Lines Area which was never in existence. Investigation further reveals that Sindh…
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