| Citation(s) |
|---|
| 2020 SLG 377 2020 SLD 377 2020 SCMR 285 |
Supreme Court of Pakistan
Civil Petition No. 540-K of 2019, decision & hearing Dated: 18-12-2019. (Against judgment Dated 4.10.2019 passed by High Court of Sindh at Karachi passed in C.P. D-182 of 2019)
MUSHIR ALAM, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE AMIN-UD-DIN KHAN, JUSTICE
Petitioner(s) by: M. Anwar Tariq, Advocate Supreme Court Sittar Sahil, Special Prosecutor NAB, Hassan Akbar, Additional Prosecutor-General NAB with Jawaad Hassan, I.O./Deputy Director NAB for the NAB.
Civil Petition No. 540-K of 2019, decision & hearing Dated: 18-12-2019. (Against judgment Dated 4.10.2019 passed by High Court of Sindh at Karachi passed in C.P. D-182 of 2019)
MUSHIR ALAM, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE AMIN-UD-DIN KHAN, JUSTICE
Petitioner(s) by: M. Anwar Tariq, Advocate Supreme Court Sittar Sahil, Special Prosecutor NAB, Hassan Akbar, Additional Prosecutor-General NAB with Jawaad Hassan, I.O./Deputy Director NAB for the NAB.
GULAB KHAN
VS
CHAIRMAN NAB AND ANOTHER
Law: National Accountability Ordinance, 1999
Section: 9
National Accountability Ordinance (XVIII of 1999)--- ----S. 9---Corruption and corrupt practices---Bail, grant of---Rule of consistency---Accused, who was the Secretary of a Government Officers Cooperative Housing Society, was alleged to have made monetary gains after unauthorizedly providing commercial/residential plots to non-members after interpolating minutes of a meetings---Held, that except for the accused, all the co-accused, including those placed at a higher step than the accused, had been released on bail---Entire land had since been retrieved by the society, and the affected allottees had abandoned their claims---In such circumstances, culpability of accused, alongside his colleagues in the crime could be best settled after recording of evidence, during the trial, which was already in progress---Prosecution had not been able to point out any evidence suggestive of any aggravated role played by the accused in the scam, therefore he could not be treated differently than the co-accused already released on bail---Petition for leave to appeal was converted into appeal and allowed and accused was released on bail. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Ghulab Khan, petitioner herein, seeks admission to bail. As Secretary Karachi Port Trust Officers Cooperative Housing Society, he is accused alongside others in NAB Reference No.11 of 2018 for having unauthorizedly doled out commercial/residential plots to the non-members after interpolating minutes of the meetings; loss incurred by the society is estimated as 11.73 Billions. It is further alleged that he diverted the amounts so received to his own coffer. Having surrendered the plots as well as claims thereon, all the co-accused have since been released on bail by the High Court of Sindh. Considered distinguishly placed, he has been denied the concession vide impugned order dated 4.10.2019. 2. Learned…
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