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

Section: 9(a)(vi),9(b)

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(vi) & 9(b)---Constitution of Pakistan, Art. 199---Pre-arrest bail, grant of---Re-investigation---Case of further inquiry---Reference, non-filing of---Accused was arrested and placed in judicial custody on misuse of authority in awarding contract---Validity---Accused was not solely responsible for award of contract in question to company---Final decision in such matter was made by Capital Development Authority Board and accused was only one of twelve persons against whom reference was intended to be filed---Such remained to be determined during trial as to whether accused had gained any benefit due to any misuse of his authority or had conferred any benefit on company---Expenditure incurred by company in establishing facilities, which were now owned by Capital Development Authority and profits earned by company from operation of facility were also to be ascertained during trial---Executive Board of National Accountability Bureau in its meeting, closed inquiry regarding award of contract in question---Such was one of exceptional circumstances warranting grant of post-arrest bail to accused---Accused had remained incarcerated for a period of five months and reference was not filed---Bail was granted, in circumstances. JUDGMENT MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through the instant writ petition, the petitioner, Ghulam Sarwar Sindhu, seeks the grant of post-arrest bail. 2. The petitioner was arrested on 08.11.2018. Since 14.11.2018, the petitioner has remained in judicial custody. No reference against the petitioner has been filed as yet. We are told that the Executive Board of National Accountability Bureau ("N.A.B.") has approved the reference against the petitioner and others. 3. Learned counsel for the petitioner submitted that the petitioner was a serving BS-19 officer in the Capital Development Authority ("C.D.A."), when he was arrested; that in the year 2011, the Federal Investigation Agency ("F.I.A.") had closed an inquiry against the petitioner; that the matter regarding the diplomatic enclave shuttle service was also inquired into by the N.A.B.; that vide letter dated 15.02.2013,…

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