Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a) & (b)---Criminal Procedure Code (V of 1898), S.497, third proviso---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, grant of---Delay in conclusion of trial---Case of hardship---Scope---Petitioner was in custody for 27 months without conclusion of trial---Validity---While exercising powers under Art.199 of the Constitution in cases wherein bail was sought in proceedings under National Accountability Ordinance, 1999, broader principles of S.497, Cr.P.C. could be pressed in hardship cases to provide relief to an accused person who had been incarcerated for an unreasonable period due to delay in conclusion of trial---Broad principles of third provisio to S.497, Cr.P.C. and exceptions mentioned therein, could be taken into consideration---Trial, in the present case, was suspended because a judicial officer was not posted to preside over the Accountability Court---Request for adjournment was made only once by the accused and no other act of omission of his counsel led to delay in conclusion of trial---Case of hardship in context of National Accountability Ordinance, 1999 was made out---Bail was allowed in circumstances. (b) Criminal Procedure Code (V of 1898)-- ----S.497---Bail---Principles and law summarized. Nazir Hussain v. Zia ul Haq and others 1983 SCMR 72; Sher Ali alias Sheri v. The State 1998 SCMR 190; Akhtar Abbas v. State PLD 1982 SC 424; Moundar and others v. The State PLD 1990 SC 934; Abdul Rashid v. The State 1998 SCMR 897; Zahid Hussain Shah v. The State PLD 1995 SC 49 and Muhammad Siddique v. Muhammad Behram and another 1998 PCr.LJ 358 rel. THIS JUDGMENT DELIVERED BY: ATHAR MINALLAH, J.--- Through this petition, the petitioner seeks his bail on the ground of hardship caused due to delay in conclusion of trial. 2. The facts, in brief, are that pursuant to complaint received by the National Accountability Bureau (hereinafter referred to as the "Bureau"), inquiry under the National Accountability Ordinance, 1999 (hereinafter referred to as the "Ordinance of 1999") was authorized which was later converted to investigation on 18.01.2016. The Bureau filed Reference…

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