| Citation(s) |
|---|
| 2019 SLG 1528 2019 SLD 1528 2019 MLD 1118 |
Writ Petition No. 165 of 2018, decision & hearing Dated: 22-10-2018.
MALIK HAQ NAWAZ, JUSTICE ALI BAIG, JUSTICE
Petitioner(s) by: Raja Shakeel Ahmed Muhammad Amin, Special Prosecutor for NAB.
MUHAMMAD NASIR
VS
STATE THROUGH NATIONAL ACCOUNTABILITY BUREAU, ISLAMABAD
Law: National Accountability Ordinance, 1999
Section: 9,16
National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9 & 16---Bail, grant of---Corruption and corrupt practices---Delay in conclusion of trial---Effect---Petitioner was arrested by National Accountability Bureau on 4-2-2016---Petitioner had filed writ petition in Chief Court for grant of bail, which was allowed vide order dated 28-6-2016---National Accountability Bureau filed criminal petition for leave to appeal in the Supreme Appellate Court, which was allowed and bail granted to petitioner was re-called vide order dated 8.11.2016---Supreme Appellate Court had directed the Trial Court to conclude the trial within a period of six months---Trial Court failed to comply with the order of the Supreme Appellate Court, which provided a fresh ground to the petitioner to file a fresh petition in the Chief Court---Chief Court accepted the petition on 21-6-2017 mainly on the ground that the directions of Supreme Appellate Court had not been complied with---National Accountability Bureau filed criminal petition for leave to appeal in Supreme Appellate Court, which was again allowed and bail granted to petitioner was re-called vide order dated 29-9-2017---Trial Court was directed by Chief Court on 25-6-2018, in another petition, to complete the trial of case within a period of two months---Petitioner contended that the direction of Supreme Appellate Court contained in order dated 8-11-2016 and of Chief Court in order dated 25-6-2018 had not been followed and so the spirit of S.16 of National Accountability Ordinance, 1999 had also been defeated---Validity---Petitioner was arrested on 4-2-2016 and despite clear directions contained in the of Supreme Appellate Court dated 8-11-2016 to conclude trial within a period of 6 months, Trial Court failed to complete the trial even after lapse of one year and ten months---Trial Court also failed to honour the direction of Chief Court contained in order dated 25-6-2018---Conclusion of trial was not in sight, therefore, a case for grant of bail was made out---Petitioner was admitted to bail, in circumstances. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, J.--- The petitioner was booked for the offences under NAB Ordinance…
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