Law: National Accountability Ordinance, 1999

Section: 9

National Accountability Ordinance (XVIII of 1999)--- ----S. 9---Corruption and corrupt practices---Bail, grant of---Accused persons (public office holders) and co-accused were alleged to have leased out land belonging to a Local Council at very low rates---Lease for land in question was recommended by a resolution of the Local Council carried by the house, albeit with some dissensions, in compliance with a direction issued by the High Court---Subject lease could neither be viewed as a one man show nor was admittedly viewed as misconduct by the competent authority inasmuch as the remainder signatories to it had not been taken on board---Title of the land continued to vest in the Local Council---Sending accused persons and co-accused into prison, on a subjective belief of their having manipulated the impugned lease, would be rather harsh in circumstances, particularly when the prosecution had the opportunity to possibly transform allegations into proof during the trial, which was already in progress---Consequently petitions for leave to appeal were converted into appeals and allowed; ad interim bails already granted to accused persons were confirmed, whereas co-accused was granted post-arrest bail---Supreme Court directed the Secretary Local Government to take cognizance of the present issue, and faithfully and vigilantly secure the proprietary rights/interests of the Local Council with regard to the land in question while keeping into account the actual value of the land and fair rent thereof. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Declined concessions by the High Court of Sindh vide impugned order dated 16.10.2019, Nazir Ahmad Sheikh, Ex-Taluka Nazim Larkana, through Criminal Petition No.3846 of 2019 alongside Ghulam Mustafa Hulio, Accounts Officer, through Criminal Petition No.3866 of 2019, apprehending arrest, seek bail in anticipation thereto whereas Haji Ghano Khan Jatoi, behind bars, through Criminal Petition No.3976 of 2019, has prayed for admission to post arrest bail; they are accused, arrayed alongside others in NAB Reference No.4 of 2019. With a common backdrop, the petitions are being decided through this single order. 2. Accusation…

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