| Citation(s) |
|---|
| 2020 SLG 1958 2020 SLD 1958 2020 YLR 1493 |
Writ Petition No. 158 of 2017, decision Dated: 21-11-2019, hearing Date : 11-11-2019
ALI BAIG, JUSTICE
Amjad Hussain for Petitioner. Amin Khan Special Prosecutor NAB for
Respondents.
ALTAF HUSSAIN
VS
STATE THROUGH NATIONAL ACCOUNTABILITY BUREAU AND OTHERS
Law: National Accountability Ordinance, 1999
Section: 9(a)(i),9(a)(iv),9(a)(v),9(a)(vi),9(xii)
National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(i), (iv), (v), (vi) & 9(xii)---Gilgit Baltistan (Empowerment and Self-Governance) Order (V of 2018), Art.71---Corruption and corrupt practices---Bail, grant of---Rule of consistency---Scope---Accused along with Bank officials was alleged to have illegally and with mala fide intention managed to get cleared the goods from the Customs Authorities without paying customs duties and taxes---Co-accused of the accused who were implicated in the same reference were admitted to bail by the Chief Court---Rule of consistency applied to the case of accused and he was also entitled to the concession of post-arrest bail---Accused was admitted to post-arrest bail, in circumstances. 2008 SCMR 173 ref. THIS JUDGMENT DELIVERED BY: ALI BAIG, JUSTICE:---.--- Through the instant writ petition filed under Article 86(2) of the Gilgit Baltistan (Empowerment and Self-Governance) Order, 2018 read with enabling Articles of Constitution of Islamic Republic of Pakistan, 1973 and also enabling provisions of Cr.P.C. the petitioner/ accused has sought post-arrest bail in Reference No. R-501329/2014/Inv/ GHB/ 1122015/Mak/200 dated 05-8- 2016. 2. Briefly allegations against the accused/petitioner are that the present petitioner and his co-accused in connivance with other accused/Bank officials of NBP Sost Branch illegally and malafidely managed to clear goods from the Custom Authorities without paying the custom duties and taxes and have caused huge loss to the National Exchequer. 3. The learned counsel appearing on behalf of the petitioner/accused contended that the petitioner is innocent and the National Accountability Bureau Authorities have arrest the petitioner/ accused on the basis of baseless allegation with mala fide intention. The learned counsel for the petitioner further argued that co-accused of the present petitioner have been released on bail by this Court, hence rule of consistency applies to the case of the petitioner/accused and petitioner/ accused is also entitled for concessions of bail. 4. On the other hand, the learned Special Prosecutor National Accountability Bureau vehemently opposed this writ petition…
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