| Citation(s) |
|---|
| 2019 SLG 573 2019 SLD 573 2019 YLR 747 |
Sindh High Court
Constitutional Petitions Nos. 4909, 3912 and 4610 of 2018, decision Dated: 03-12-2018. Dates of hearing: 12 and 19-11-2018.
MOHAMMED KARIM KHAN AGHA, JUSTICE SHAMSUDDIN ABBASI, JUSTICE
Petitioner(s) by: Amer Raza Naqvi (in C.P. No.4909 of 2018). Abdul Majeed Khoso (in C.P. No.3912 of 2018).K.A. Vaswani, Special Prosecutor, NAB (in C.P. No.3912 of 2018). Abdul Majeed Khoso (in C.P. No.4610 of 2018).
Respondent(s) by: K.A. Vaswani, Spec
Constitutional Petitions Nos. 4909, 3912 and 4610 of 2018, decision Dated: 03-12-2018. Dates of hearing: 12 and 19-11-2018.
MOHAMMED KARIM KHAN AGHA, JUSTICE SHAMSUDDIN ABBASI, JUSTICE
Petitioner(s) by: Amer Raza Naqvi (in C.P. No.4909 of 2018). Abdul Majeed Khoso (in C.P. No.3912 of 2018).K.A. Vaswani, Special Prosecutor, NAB (in C.P. No.3912 of 2018). Abdul Majeed Khoso (in C.P. No.4610 of 2018).
Respondent(s) by: K.A. Vaswani, Spec
GULSHER AHMED CHACHAR AND OTHERS
VS
NATIONAL ACCOUNTABILITY BUREAU THROUGH CHAIRMAN AND OTHERS
Law: National Accountability Ordinance, 1999
Section: 9(a)(vi),9(b)
Law: Constitution of Pakistan, 1973
Section: 199
National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a) (vi) & 9(b)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, refusal of---Misuse of authority---Prima facie case---Mala fide, proof of---Pre-arrest bail---Object---Petitioners were alleged to have misused their authority causing misappropriation of imported urea resulting in loss to national exchequer---Validity---Object of pre-arrest bail was to save innocent persons from being unnecessarily harassed due to their arrest in cases instituted against them with mala fide intention and ulterior motives---For grant of pre-arrest bail there must be some essential element and accused had to satisfy the court to point mala fide---No evidence of enmity in terms of mala fide or ulterior motive was available on record which was prerequisite for pre-arrest bail---All petitioners had requisite mens rea to commit offence charged with their acts, conduct, failure to exercise authority, misuse of authority and deliberately violating the rules---Trial Court was to decide mens rea of petitioners after recording evidence in the matter---Petitioners were prima facie involved in commission of offence and they were nominated in the reference who were attributed a specific role---No evidence of enmity in terms of mala fide or ulterior motive was available on record, which could have actuated prosecution to falsely implicate petitioners---Bail was declined in circumstances. 2000 MLD 1735; Rana Muhammad Arshad v. Muhammad Rafique PLD 2009 SC 427; Mukhtar Ahmed v. The State and others 2016 SCMR 2064; Khalil Ahmed Soomro and others v. The State unreported dated 28.07.2017 and Rai Mohammad Khan v. NAB 2017 SCMR 1152 ref. THIS ORDER PASSED BY: SHAMSUDDIN ABBASI, J.--- Through their respective petitions, petitioners Gulsher Ahmed Chachar and Afaquddin, nominated in the reference as accused Nos.8 and 3, seek post arrest bail in National Accountability Bureau {NAB} Reference No.22 of 2017 under Section 9(a) of National Accountability Ordinance (NAO), 1999 punishable under Section 10 of the Ordinance and Schedule thereto while petitioner Inamuddin Marwat, nominated in the reference as accused No.2,…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492