Law: National Accountability Ordinance, 1999

Section: 9(a)(iv),9(b),16A(a)

Law: Pakistan Penal Code, 1860

Section: 109,409,467,471,477-A

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv) & 9(b)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, refusal of---Ground not raised earlier---Fresh ground, absence of---Petitioner was arrested by National Accountability Bureau for acquiring assets beyond known sources of income and his bail application was dismissed earlier---Petitioner again sought bail on ground that properties mentioned in reference were purchased prior to filing of reference by National Accountability Bureau---Validity---Plea was very much available to petitioner at time of dismissal of his request for bail made through Constitutional petition but petitioner did not take such plea either in earlier Constitutional petitions for grant of anticipatory bail or post-arrest bail---Even no suggestions were put forth to prosecution witnesses by petitioner during their cross-examination---Such plea was not only taken but had been entertained and rejected at time of earlier dismissal of bail plea of petitioner---Trial had already been concluded, prosecution had closed its side and statement of accused was recorded by Trial Court---High Court declined to interfere in the matter---Bail was dismissed in circumstances. PLD 2014 SC 241; PLD 2016 SC 64; PLD 2015 SC 66; PLD 2016 SC 11; 2013 SCMR 1059; Himesh Khan v. NAB Lahore and others 2015 SCMR 1092 and The State through Advocate General, N.W.F.P. v. Zubair and 4 others PLD 1986 SC 173 ref. THIS ORDER PASSED BY: KHADIM HUSSAIN TUNIO, J.--- Present petitioner is one of the nominated accused in Crime No. 51 of 2014, under Sections 409, 467, 471, 477-A, 109, P.P.C. read with Section 5(2) PCA-II, 1947 [Prevention of Corruption Act, 1947 (II of 1947)] with the allegation that he along with other co-accused committed fraud and passed fraudulent vouchers on various dates. The petitioner was assigned specific role of aiding and abetting in the fraud schemes of accused Zubair Almani. 2. The allegations against the present petitioner is that huge deposits in the bank accounts of accused Zubair Almani were reported at HBL, Pano Akil and Frere Road, Branches Sukkur. Thereafter, inquiry was conducted after transfer…

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