| Citation(s) |
|---|
| 2020 SLG 1089 2020 SLD 1089 2020 MLD 763 |
Sindh High Court
Constitutional Petitions Nos. D-2019, D-2274, D-2088 of 2014 and D-173, D-241 of 2015, decided on 10th October, 2019, Dates of hearing: 3rd and 18th September, 2019.
MUHAMMAD IQBAL KALHORO, JUSTICE ZULFIQAR ALI SANGI, JUSTICE
Mrs. Razia Ali Zaman for Petitioner (in C.P. No. D-2019 of 2014) Zahoor Ahmed Baloch for Petitioner(s) (in C.P. No.D-2088 of 2014, C.P. No.D-241 of 2015 and C.P. No.D-173 of 2015). Syed Shahzad Ali Shah for Petitioner(s) (in C.P. No.D-2274 of 2014). Ja
Constitutional Petitions Nos. D-2019, D-2274, D-2088 of 2014 and D-173, D-241 of 2015, decided on 10th October, 2019, Dates of hearing: 3rd and 18th September, 2019.
MUHAMMAD IQBAL KALHORO, JUSTICE ZULFIQAR ALI SANGI, JUSTICE
Mrs. Razia Ali Zaman for Petitioner (in C.P. No. D-2019 of 2014) Zahoor Ahmed Baloch for Petitioner(s) (in C.P. No.D-2088 of 2014, C.P. No.D-241 of 2015 and C.P. No.D-173 of 2015). Syed Shahzad Ali Shah for Petitioner(s) (in C.P. No.D-2274 of 2014). Ja
ASHKARAN ALIAS AASHANKAR AND OTHERS
VS
THE STATE (NAB) THROUGH DIRECTOR GENERAL AND 3 OTHERS
Law: National Accountability Ordinance, 1999
Section: 9(a)(iv)(vi),9(b)
Law: Constitution of Pakistan, 1973
Section: 199
National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv)(vi) & 9(b)---Constitution of Pakistan, Art. 199---Constitutional petition---Pre-arrest bail, refusal of---Prima facie case---Rule of consistency---Applicabilitys sought pre-arrest bail primarily on grounds that bails after arrest was allowed to their co-accused persons---Validity---Co-accused persons were granted post-arrest bail and same was governed by different principles than those regulating pre-arrest bail, therefore, rule of consistency was not applicable---Role ascribed to co-accused persons was quite different to what had been alleged against petitioners---Nothing was on record to show that petitioners had been implicated in case out of mala fide by National Accountability Bureau so as to bring their case within defined lines on which pre-arrest bail was granted---While deciding bail petitions elaborate sifting of evidence could not be made but only tentative assessment was required---Cursory glance of record showed that all petitioners in connivance with officials of Tehsil Municipal Authority had caused huge loss to government exchequer----Pre-arrest bail was declined in circumstances. C.P No. D-5899 of 2014; C.P No. D-194 of 2015 and Rana Mohammed Arshad v. Muhammad Rafique PLD 2009 SC 427 ref. Talat Ishaq v. National Accountability Bureau through its Chairman PLD 2019 SC 112; Rana Mohammed Arshad v. Muhammad Rafique PLD 2009 SC 427 and Mukhtar Ahmad v. The State and others 2016 SCMR 2064 rel. ORDER ZULFIQAR ALI SANGI, J.---All the above petitions are emanating from Reference No. 03 of 2015 pending against petitioners before Accountability Court Hyderabad wherein the petitioners are seeking bail before arrest. This Court vide orders dated 31.1.2014 in C.P. No.D-2019 of 2014, 16.12.2014 in C.P No.D-2274 of 2014, 13.11.2014 in C.P No. D- 2088 of 2014, 29.01.2015 in CP No. D- 173 of 2015 and 10.02.2015 in CP No. D- 241 of 2015 admitted petitioners Ashkaran alias Aashankar, Govind, Muhammad Hassan, Muhammad Ibrahim, Imran Ali Talpur, Mir Rehan Talpur and Farooq Ahmed to ad-interim pre-arrest bail. Subsequently, petitioner Govind was let off by NAB authorities and on his behalf…
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