Law: National Accountability Ordinance, 1999

Section: 9(a)(b)(vi),25(b)

Law: Pakistan Penal Code, 1860

Section: 109,409,467,468,471,477A

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(vi),(b) & 25(b)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, grant of---Deposit of loss to exchequer in court---Effect---Petitioners were arrested by NAB authorities for causing loss to exchequer---Plea raised by petitioners was that they were willing to deposit amount in court if bail was granted---Validity---Plea of petitioners was distinguishable as they had not agreed unconditionally to repay all misappropriated amount to Government instead they wanted money to be held on trust for them and then returned if they were acquitted---If such arrangement was allowed in every such case, same would render S. 25(b) of National Accountability Ordinance, 1999, which dealt with 'plea bargain', redundant and there would be no need for accused to enter into plea bargain as he could simply deposit alleged misappropriated amount with court pending outcome of case against him under National Accountability Ordinance, 1999---If accused was acquitted he would get money back and if he was convicted after a lengthy trial he could then, if he then so desired, enter into plea bargain once he was taken into custody knowing strength of case against him---Such would defeat one of primary objectives of National Accountability Ordinance, 1999 which was recovery of ill-gotten wealth at earliest without need for prolonged trial---High Court declined to grant bail to petitioner as new ground alone of depositing loss to be held on account of pending disposal of reference was not maintainable---Petitioners were already found to be fully connected with commission of offences through previous bail dismissing orders---Constitutional petition was dismissed in circumstances. Mumtaz Ali (unreported) Supreme Court order dated 17.10.2018; Asad Ahmad Khan (unreported); Shamraiz Khan v. State 2000 SCMR 157 distinguished. Syed Muzafar Ali v. Chairman NAB 2016 PCr.LJ 1183 and Rai Mohammad Khan v. NAB 2017 SCMR 1152 ref. THIS ORDER PASSED BY: MOHAMMAD KARIM KHAN AGHA, J.--- By this common order we propose to dispose of the post arrest bail petitions filed by the petitioners Gulzar Ali, Salman Mansoor, Syed…

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