| Citation(s) |
|---|
| 2019 SLG 1585 2019 SLD 1585 2019 YLR 1426 |
Sindh High Court
C. Ps. Nos. D-132 of 2018, D-7667, D-7328, D-8001 and D-8855of 2017, decision Dated: 02-03-2018. Dates of hearing: 13thand 23rd February, 2018.
MOHAMMED KARIM KHAN AGHA, JUSTICE
Petitioner(s) by: Sardar M. Latif Khoso, Shahab Sarki and Zulfiqar Ali Langah No.1 (in C.P. No. D-132 of 2018.)
Respondent(s) by: Mohammed Altaf, Special Prosecutor, NAB
C. Ps. Nos. D-132 of 2018, D-7667, D-7328, D-8001 and D-8855of 2017, decision Dated: 02-03-2018. Dates of hearing: 13thand 23rd February, 2018.
MOHAMMED KARIM KHAN AGHA, JUSTICE
Petitioner(s) by: Sardar M. Latif Khoso, Shahab Sarki and Zulfiqar Ali Langah No.1 (in C.P. No. D-132 of 2018.)
Respondent(s) by: Mohammed Altaf, Special Prosecutor, NAB
SHARJEEL INAM MEMON AND OTHERSVSNATIONAL ACCOUNTABILITY BUREAU THROUGH
Law: National Accountability Ordinance, 1999
Section: 9(a)(iv)(vi),9(b)
Law: Criminal Procedure Code (V of 1898)
Section: 497(1)
Law: Constitution of Pakistan, 1973
Section: 199
(a) Bail--- ----Mens Rea--- Proof--- Final determination of mens rea in respect of accused has to be decided by Trial Court after hearing all evidence in the case. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv)(vi) & 9(b)---Constitution of Pakistan, Art. 199---Constitutional petition--- Bail, refusal of--- New grounds---Pre-arrest bail was dismissed---Petitioners sought bail after arrest on same grounds which were raised at time of seeking pre-arrest bail---Effect---Petitioners were given specific role in reference---No material was brought on record to persuade that original findings of High Court in respect of each petitioner could connect him with commission of offence for which all accused were charged required interference as earlier specific role of petitioners and material connecting them to commission of offence for which they were charged was fully discussed---Prima facie sufficient material existed on record to connect accused persons to offence for which they had been charged---Bail was denied under circumstances. Maqbool Ahmed Lehri and another v. National Accountability Bureau and another 2016 SCMR 154; Saeed Ahmed v. The State 1996 SCMR 1132; Muhammad Boota v. The State 2013 PCr.LJ 318; Iftikhar-ul-Hassan v. The State 2013 PCr.LJ 1486; Manzoor and 4 others v. The State PLD 1972 SC 81; Amir v. The State PLD 1972 SC 277; Muhammad Afzal v. The State 2005 PCr.LJ 1814; Peer Mukaram ul Haq v. National Accountability Bureau through Chairman and others 2006 SCMR 1225; Mian Manzoor Ahmad Watto v. The State 2000 SCMR 107; Feroze Khan v. The State 2012 MLD 1152; Bohair Qazi and others v. The State 2012 PCr.LJ 1228; Zakhim Khan Masood v. The State 1998 SCMR 1065; Maqsood v. Ali Muhammad and another 1971 SCMR 657; Malik Muhammad Yousufullah Khan v. The State and another PLD 1995 SC 58; Muhammad Riaz v. The State 2006 PCr.LJ 1459; Altaf Hussain v. The State and another 2011 YLR 2228; Muhammad Ali Athar v. Director General NAB Punjab, Thokar Niaz Baig Lahore and 2 others 2013 PCr.LJ 58; Dr. Asim Hussain v. National Accountability Bureau C.P. 2167/17 dated 29-08-2017; Waris Meah and another v. The State and another PLD 1957 SC 157;…
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