Case Details

Citation(s)
2020 SLG 1377 2020 SLD 1377 2020 YLR 1053
Sindh High Court
Constitutional Petitions Nos. D-1017, D-1454 and D-1607 of 2019, decision Dated: 18-12-2019, hearing Date : 5-12-2019.
AMJAD ALI SAHITO AND MRS. RASHIDA ASAD, JJ
Pervaiz Tariq Tagar for Petitioner (in C.P. No. D-1017 of 2019). Nandan A. Kella for Petitioner (in C.P. No. D-1454 of 2019). Ali Ahmed Palh for Petitioner (in C.P. No. D-1607 of 2019). Jangu Khan, Special Prosecutor NAB and Zulfiqar Ali Rajput, Assist

GREESH KUMAR AND OTHERS

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY AND OTHERS

Law: National Accountability Bureau Ordinance, (XVIII of 1999)

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

Law: Constitution of Pakistan, 1973

Section: 199

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv)(vi)(xii) 9(b)---Consti-tution of Pakistan, Art. 199---Pre-arrest bail, refusal of---Illegal appointments---Prima facie case---Mala fide---Proof---Accused persons were officials in education department and had allegedly involved in making fake appointments and causing loss to national exchequer---Validity---Accused persons were holders of public office and allegations levelled against them were very serious in nature and had adverse effect on public at large---Allegations were supported by documentary evidence which prima facie connected accused persons with commission of offence that accused had misused their public authority by making false/fake appointments as well as issuing/releasing salaries causing loss to national exchequer--- Sufficient incriminating material was collected by authorities in shape of relevant documents viz., offer letters, appointment orders, salary bills, cheques and debit vouchers which bore signatures of accused persons connecting them with alleged white collar crime---Only a tentative assessment was to be made at bail stage and prima facie there was sufficient material available on record to connect accused persons---High Court declined to grant bail to accused persons as no mala fide on part of authorities or investigating officer was pointed out---Pre-arrest bail was dismissed in circumstances. Chairman, National Accountability Bureau, Islamabad through Prosecutor-General Accountability, Islamabad v. Mian Muhammad Nawaz Sharif and 2 others PLD 2019 SC 445 rel. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)---"White collar crime"---Nature---White collar crimes are generally of an intricate and complex nature---Whole transaction and each component part of scam needs to be viewed in a holistic manner and not in isolation. ORDER MRS. RASHIDA ASAD, JUSTICE:---.--- By this order we propose to dispose of the above mentioned petitions filed on behalf of petitioners Greesh Kumar, Ramesh Kumar and Akbar Ali for confirmation of their pre-arrest bail granted to them through orders of this court in Reference No. 05 of 2019 State v. Akber Ali…
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