Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: National Accountability Ordinance, 1999

Section: 9

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--National Accountability Ordinance, (XVIII of 1999), S. 9--Delay in conclusion of trial--Bail, grant of has already suffered 20 months since his arrest--86 witnesses whose testimony is to be recorded--Documentary evidence is already in possession of prosecution--There is no likelihood of tempering or manipulation--Conclusion of trial is not in sight in near future--Bail was allowed. ORDER Sayyed Mazahar Ali Akbar Naqvi, J.- Through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, the petitioner seeks post-arrest bail in a NAB Reference. The same relief was denied to him by the learned Islamabad High Court, Islamabad vide impugned judgment dated 07.08.2019. 2. Briefly stated the allegation against the petitioner is that he being 50% shareholder of Messrs Galaxy Construction in connivance with the officials of the Government of Sindh and by exerting political pressure illegally got allotted additional land measuring 2769 square yards and 1081.11 square yards of Bagh-e-Ibn-e-Qasim in favour of Messrs Galaxy Construction; that he illegally got amalgamated plot Nos. 5 and 6 with the amenity land of Bagh-e-Ibn-e-Qasim and enhanced the area from 9436 square yards to 17336 square yards and in collaboration with co-accused raised construction of two towers i.e. Bahria Icon Towers of 62 and 42 floors over the said amenity land, thereby causing huge loss to the public exchequer. 3. This case was partly heard on 09.12.2020 when learned counsel for the petitioner had made his submissions. Learned counsel for the petitioner inter alia contended that the petitioner is a businessman dealing with the business of construction; that no proof of exerting pressure on the officials of Board of Revenue has been placed on record; that the allegation that the petitioner exercised political influence is not correct as at the time of allotment of plot, the petitioner was not the Advisor of the Chief Minister Sindh; that the land in question was neither amenity nor part of Bagh-e-Ibn-e-Qasim; that Messrs Galaxy Construction had sold its 50% shares to Bahria Town in 2007-08 and allowed Bahria Town…

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