Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Scope---Pre-arrest bail being an extraordinary relief was only available in cases where there was mala fide on the part of the complainant or the police. Rana Mohammed Arshad v. Muhammed Rafique PLD 2009 SC 427 and Mukhtar Ahmad v. The State and others 2016 SCMR 2064 rel. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(ix) & 9(b)---Constitution of Pakistan, Art.199---Corruption and corrupt practices---Ad-interim bail, recalling of---Scope---Allegation against the accused petitioner was that he being government officer connived with the co-accused to illegally transfer the plot owned by Municipal Corporation through making fake entries in the record of Board of Revenue showing false and fictitious purchasers through false and fictitious unregistered sale deeds, which led to a huge loss to the Municipal Corporation and gave benefit to the other accused---Record showed that accused petitioners had not been able to make out any case of mala fide against the National Accountability Bureau which was shown by the fact that they initiated the inquiry on a complaint in connection with the said land scam received from Transparency International and not on its own motion---Parallel inquiry was also carried out by the Anti-Corruption Establishment and had challaned all the accused---No mala fide on the part of the National Accountability Bureau having been found, ad-interim pre-arrest bail granted to the accused petitioners was ordered to be recalled on that ground alone. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle---Observations made in bail granting order being based on a tentative assessment of the material placed on record would have no bearing on the trial of the accused, which would be decided by the Trial Court on merit. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, J.--- By this common order, we propose to dispose of the above mentioned petitions submitted on behalf of the petitioners (Mohammed Aslam Parekh petitioner No.1 and Muhammed Ikhlaq Memon petitioner No.2) respectively for the confirmation of their ad interim pre arrest bail…

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