| Citation(s) |
|---|
| 2019 SLG 1021 2019 SLD 1021 2019 PLJ 211 |
Lahore High Court
W.P. No. 255418 of 2018, decision & hearing Dated: 23.01.2019.
MALIK SHAHZAD AHMAD KHAN, JUSTICE MIRZA VIQAS RAUF, JUSTICE
Petitioner(s) by: Mr. Peer Masood Chishti, Sahibzada Muzzafir Ali, Mir Haroon Rashid and Waqas Umar Sial, Advocates Syed Faisal Raza Bukhari, Special Prosecutor for NAB alongwith Khawar Ilyas, Director, NAB, Zavar Manzoor, Deputy Director/ Investigating
W.P. No. 255418 of 2018, decision & hearing Dated: 23.01.2019.
MALIK SHAHZAD AHMAD KHAN, JUSTICE MIRZA VIQAS RAUF, JUSTICE
Petitioner(s) by: Mr. Peer Masood Chishti, Sahibzada Muzzafir Ali, Mir Haroon Rashid and Waqas Umar Sial, Advocates Syed Faisal Raza Bukhari, Special Prosecutor for NAB alongwith Khawar Ilyas, Director, NAB, Zavar Manzoor, Deputy Director/ Investigating
QAISER AMIN BUTT
VS
NATIONAL ACCOUNTABILITY BUREAU THROUGH D.G. LAHORE AND ANOTHER
Law: National Accountability Ordinance, 1999
Section: 26(a)(c)(i)
Law: Criminal Procedure Code (V of 1898)
Section: 164,337,337(3),561A
Law: Constitution of Pakistan, 1973
Section: 199
National Accountability Ordinance, 1999 (XVIII of 1999)-- ----S. 26(a)--Constitution of Pakistan, 1973, Art. 199--Tender of Pardon--Bail grant of--Powers of Chairman NAB--Investigation--Chairman, NAB is empowered under Section 26(a) of National Accountability Ordinance, 1999 to tender a full or conditional pardon to a person with a view to obtain evidence supposed to have been directly or indirectly concerned or privy to any offence, at any stage of inquiry/investigation or trial. National Accountability Ordinance, 1999 (XVIII of 1999)-- ----S. 26(a)(i)--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Bail, grant of--Tender of Pardon, grant of--Further inquiry--When an accused is granted full pardon then he shall not be tried for offences in respect of which pardon was granted--As full pardon has been granted to petitioner in this case and he is not to be tried for offence(s) of this case, therefore, no useful purpose shall be served by keeping petitioner behind bars as a punishment--As Chairman NAB, while exercising his powers bestowed upon him under Section 26(a) read with Section 26(c)(i) of National Accountability Ordinance, 1999 has granted full pardon to petitioner which has further been supported by statement of petitioner recorded under Section 164, Cr.P.C., therefore, this Court cannot withhold its benefit even at bail stage. PLD 1975 Karachi 159 iref. THIS ORDER PASSED BY: MIRZA VIQAS RAUF, JUSTICE---.--- The petitioner Qaiser Amin Butt/Director of M/s. Paragon City (Pvt.) Ltd. who is in the custody, through the instant petition filed in terms of Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, prays for his release on post arrest bail in Inquiry No. 1(9)HQ/1832/NAB-L dated 10.1.2018 facing the allegation that he alongwith other co-accused persons Launched Paragon City (Pvt.) Limited Housing Scheme, Lahore in the year 2005 on the basis of fake and forged documents which scheme in the year 2013, was merged into Lahore Development Authority but record of the same was not transferred to LDA. He is also facing the allegation that he with the connivance of his co-accused, cheated and defrauded the public at…
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