Law: National Accountability Ordinance, 1999

Section: 9(a)(b)(iv)

Law: Constitution of Pakistan, 1973

Section: 10-A,99

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(iv) & (b)---Constitution of Pakistan, Arts. 10-A & 199---Constitutional petition---Bail, grant of---Fair trial---Due process of law---Delay in conclusion of trial---Petitioner was arrested by NAB authorities on 24.12.2016 and since then charge had not been framed against the petitioner by the Trial Court---Plea raised by petitioner was that such incarceration of petitioner would tantamount to punishing him before his guilt was proved---Validity---Held, it was an inalienable right of every accused to have expeditious and fair trial, which right was guaranteed under Art. 10-A of the Constitution---Prosecution failed to give any definite time for conclusion of trial and accused could not be left at the mercy of authorities to rot in jail for an indefinite period---Inordinate delay in conclusion of trial of detained prisoner could not be lightly ignored provided it was not caused due to any act or omission of accused---Delay in prosecution of accused amounted to abuse of process of law and was a valid ground for grant of bail to accused---Delay in prosecution as ground for bail was to be weighed and judged on its merits---Bail was allowed in circumstances. Muhammad Nadeem Anwar and another v National Accountability Bureau and others PLD 2008 SC 645; Anwarul Haq Qureshi v. National Accountability Bureau and another 2008 SCMR 1135; Muhammad Jameel Rahi v. D.G. NAB and others 2012 SCMR 552; Himesh Khan v. The National Accountability Bureau (NAB), Lahore and others 2015 SCMR 1092 and Tariq Mehmood v. National Accountability Bureau through Chairman Islamabad and others C.P. No.476 of 2018 rel. THIS ORDER PASSED BY: MUHAMMAD TARIQ ABBASI, JUSTICE---.--- Through instant petition under Article 199 of The Constitution of Islamic Republic of Pakistan, 1973, the petitioner namely Mian Muhammad Sharif seeks his release on post arrest bail in Accountability Reference No.13 of 2017. 2. The prosecution in this case was set into motion with an inquiry on the allegation of misappropriation/embezzlement of amount of Rs.68,22,310/- during process of acquisition of land for construction of road from Kahna to…

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