| Citation(s) |
|---|
| 2021 SLG 367 2021 SLD 367 2021 PCRLJ 71 |
Writ Petitions Nos. 72985, 73658, 78784, 78785 of 2019 and 16367 of 2020, decided on 7-05-2020.
SARDAR AHMED NAEEM, JUSTICE, FAROOQ HAIDER, JUSTICE
Sardar Muhammad Latif Khan Khosa and Mian Muhammad Hussain Chotya for Petitioners. Yasir Munawar Cheema for Petitioners (in Writ Petition No.73658 of 2019). Muhammad Asad Manzoor Butt and Hafiz Muhammad Nauman for Petitioners (in Writ Petitions Nos. 787
CH. SHAHID MEHMOOD AND OTHERS
VS
NATIONAL ACCOUNTABILITY BUREAU (NAB) AND OTHERS
Law: National Accountability Ordinance, 1999
Section: 9(a)(ix),9(b)
Law: Constitution of Pakistan, 1973
Section: 199
----Ss. 9(a)(ix) 9(b)--- Constitution of Pakistan, Art. 199---Constitutional petition---Bail, refusal of---Cheating members of public at large---Prima facie case---Accused persons were arrested for cheating members of public-at-large by establishing a Cooperative Housing Society---Validity---Deeper appreciation of evidence could not be undertaken at such stage and the Court was to only sift available material in a tentative manner---Witnesses examined by investigating agency supported version of complainant suggesting involvement of accused persons in the scam---Creation of Society, then its re-activation after about twenty five years, the manner of exercising authority by the then/and present office bearers in making payments to builders, then amending original agreement to justify increase/enhancement in price, suggested a strong nexus of accused persons with one another and with the crime---No performance guarantee of developers as per agreement was available on record---Till date, the members of the Society were without any plot or possession---Proposed land of Society was visited by investigating agency which found that it was deserted land till the day of visit---No development was made by the developers---Investigating agency collected sufficient incriminating material against accused persons regarding their culpability---High Court declined to exercise discretion in favour of accused persons---Bail was declined, in circumstances.
ORDER
Through this single order, we intend to decide the above mentioned writ petitions filed by the petitioners seeking their post-arrest bail in Investigation No. 1(61)/HQ/992-NAB-L dated 11.10.2019, however, through Writ Petition No. 16367 of 2020, the petitioners have sought pre-arrest bail.
2. Allegedly, the petitioners in connivance with each other defrauded members of Co-operative Society, namely, “The Professional Co-operative Housing Society, Limited, Lahore”. The allegations of misuse of authority and criminal breach of trust were in addition to that.
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