Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Constitution of Pakistan, 1973

Section: 199

Law: National Accountability Ordinance, 1999

Section: 9(a)(iv)(vi),9(b)

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Mala fide---Proof---In cases of pre-arrest bail there must be some element of mala fide on part of complainant or investigating agency; it is difficult for accused to expressly prove mala fide---Mala fides can be deduced/inferred from particular facts and circumstances of each case. Rana Mohammed Arshad v. Muhammed Rafique PLD 2009 SC 427; Mukhtar Ahmad v. The State and others 2016 SCMR 2064 and Khalil Ahmed Soomro and others v. State dated 28-7-2017 rel. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv)(vi) & 9(b)---Constitution of Pakistan, Art. 199---Pre-arrest bail, grant of---Mala fide---Defence documents---Consideration---Petitioner was accused facing investigation with National Accountability Bureau who provided documents in his defense---Plea raised by petitioner was that his name was included in investigation due to mala fide---Validity--- Documents provided by petitioner were of material nature and could have been deeply considered by National Accountability Bureau before filing reference against petitioner---Even if National Accountability Bureau was of the view that other sufficient material was available to justify filing of reference against petitioner under National Accountability Ordinance, 1999, those documents should have been disclosed to petitioner as they would have assisted him in making his defence---Element of mala fide existed on part of National Accountability Bureau in not disclosing said documents to petitioner---Such concealing of material by National Accountability Bureau from petitioner made case of further inquiry in the case---Pre-arrest bail was granted in circumstances. Sharjeel Inam Memon v. Chairman NAB and others C.P. No.D-1955 of 2017 rel. (c) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(iv)(vi) & (b)---Constitution of Pakistan, Art. 199---Pre-arrest bail, grant of---Mala fide---Proof---Petitioner was accused facing investigation with National Accountability Bureau and claimed mala fide on part of investigating officer---Validity---Under camouflage of letter dated 25-05-2004 fraud was committed by…

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