Case Details

Citation(s)
2021 SLG 753 2021 SLD 753 2021 PCRLJ 378
Lahore High Court
Writ Petition No. 67392 of 2019, decided on 21st January, 2021.
SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE, ASJAD, JAVAID GHURAL, JUSTICE
Qazi Misbah-ul-Hassan for Petitioner along with Petitioner in person. Muhammad Asad Manzoor Butt for Petitioner (in Writ Petition No. 15208 of 2020). Muhammad Zahid Mughal for Petitioner (in Writ Petition No. 13681 of 2020). Syed Qamar Ali Rizvi for Pe

MUHAMMAD SARWAR

VS

NATIONAL ACCOUNTABILITY BUREAU AND OTHERS

Law: National Accountability Ordinance, 1999

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

Law: Constitution of Pakistan, 1973

Section: 199

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(vi) 9(b)-- Constitution of Pakistan, Art. 199--- Constitutional petition---Pre-arrest bail, refusal of---Mala fide, proof of---Departmental inquiry  was senior auditor in the office of Accountant General and was alleged to have been involved in embezzlement of funds---Validity---During departmental fact-finding inquiry, petitioner along with his co-accused of Accountant General Office during years 2015-2017, was found responsible for certifying 838 bills in contravention with their legal responsibilities and duties and he was dismissed from service---During investigation it was found that in the relevant period petitioner made huge transaction of Rs.11,000,000/- in his salary account which he could not justify  admitted withdrawal of Rs.100,000/- by his son via cheque from account of a co-accused as his share of scam on the asking of petitioner---Nothing was available on record to show that implication of petitioner in case was actuated with any mala fide intention or ulterior motives  was required by investigating agency for the purpose of further investigation---Sufficient incriminating material is available on record to connect petitioner with alleged offence---Pre-arrest bail was dismissed in circumstances. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(vi) 9(b)--- Constitution of Pakistan, Art. 199---Constitutional petition---Bail, grant of---Pecuniary advantage, absence of  was arrested by NAB in case of embezzlement of funds in government office---Plea raised by petitioner was that one of his close relative who was co-accused, got registered company in his name using his identity card against amount which he had given to thatco-accused for investment purposes  further contended that he opened Bank account and had authorized the co-accused to operate the same and did not know about activities of the co-accused with regard to the company and Bank account which was opened in his name--- Validity---Company and bank account of petitioner were being operated by co-accused  was arrested on 4-10-2019 and during his physical remand of 68 days…
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