Law: National Accountability Ordinance, 1999

Section: 9(a)(b),24(a)

Law: Pakistan Penal Code, 1860

Section: 419,420,468,471

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Criminal Procedure Code (V of 1898)

Section: 91,173

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a) & (b)---Criminal Procedure Code (V of 1898), S. 91---Pre-arrest bail, refusal of---Bond for appearance---Scope---Petitioners were accused and apprehended their arrest by National Accountability Bureau---Plea raised by petitioners was that they had already submitted bonds under S. 91, Cr.P.C. therefore, they could not be arrested---Validity---National Accountability Bureau never really investigated and inquired into the matter and only became seized of it by directions of Supreme Court of Pakistan and was still investigating same---White collar crimes were not easy to detect and trace and could not be equated with other general offences---In such like cases, accused persons were to be confronted with documents and inquire about same repeatedly in order to build up chain and for such purpose, National Accountability Bureau authorities required custody of accused persons---Petitioners could not attribute mala fide or ulterior motive to prosecution/National Accountability Bureau---Furnishing of bonds under S. 91 Cr.P.C. was not a bar for National Accountability Bureau to arrest petitioners for investigation of case---Such bond was submitted only for personal appearance before court---Pre-arrest bail was dismissed in circumstances. Chairman NAB v. Mian Muhammad Nawaz Sharif and 2 others PLD 2019 SC 445; Tallat Ishaq v. National Accountability Bureau through Chirman and others PLD 2019 SC 112; Khan Asfandyar Wali v. Federation of Pakistan PLD 2001 SC 607; Hidayat Ullah Khan v. The Crown PLD 1949 Lah. 21; Murad Khan v. Fazal-e-Subhan and another PLD 1983 SC 82 and Rana Abdul Khaliq v. The State and others 2019 SCMR 1129 ref. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, J.--- On 10.06.2019, the Writ Petitions mentioned below were dismissed vide short order of even date. This judgment elucidates the reasons for dismissal of the Writ Petitions. 2. The petitioners namely Asif Ali Zardari (W.P. No. 1169/2019), Faryal Talpur (W.P. No. 1170/2019), Sher Muhammad Mugheri (W.P. No. 1176/2019) and Shahzad Ali (W.P. No. 1279/2019) seek bail before arrest in Reference No. 02/2019, pending before Accountability…

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