Case Details

Citation(s)
2020 SLG 212 2020 SLD 212 2020 PCRLJ 136
Peshawar High Court
Writ Petition No. 3832-P of 2019, decision & hearing Dated: 19-08-2019.
SYED ARSHAD ALI, JUSTICE WIQAR AHMAD, JUSTICE
Petitioner(s) by: Jalal-ud-Din
Respondent(s) by: Riaz Khan Mohmand, Special Prosecutor

MANZAR KHAN

VS

NATIONAL ACCOUNTABILITY BUREAU THROUGH CHAIRMAN NAB, ISLAMABAD AND 2 OTHERS

Law: National Accountability Ordinance, 1999

Section: 9(a)(b)(ix),16(c)

Law: Criminal Procedure Code (V of 1898)

Section: 512

Law: Pakistan Penal Code, 1860

Section: 415

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(ix) & (b)---Standing Operating Procedures of National Accountability Bureau, Clause 4(d)---Bail, grant of---Cheating public-at-large---"Public-at-large"---Connotation---Accused was arrested on allegation that he cheated 27 persons and alleged to have committed cheating public-at-large---Plea raised by accused was that National Accountability Bureau had no jurisdiction in the matter---Validity---Number of 27 persons did not qualify test of connotation 'public-at-large'--- Such was a serious question regarding taking of cognizance by NAB and same was still to be determined by Trial Court---When there was a question regarding jurisdiction of investigating agency, same was as a good ground for grant of bail---Arrest of accused was made because of authorization of investigation by NAB and if investigation was authorized in a way that a mandatory condition precedent was ignored, then arrest and ensuing judicial custody also became questionable---High Court granted bail to accused as same could not be declined merely for the reason that accused had gone in absconsion if his case was otherwise fit for bail---Bail was granted in circumstanced. Rafiq Haji Usman v. Chairman, NAB and another 2015 SCMR 1575; Abdul Waheed Khan v. Chairman, National Accountability Bureau through Deputy Prosecutor General and 4 others PLD 2018 Pesh. 59; Zahid Ali Noor v. NAB and others 2017 PCr.LJ 147 and Muhammad Fakhar Javed Khokhar and another v. National Accountability Bureau and others 2018 PCr.LJ 477 fol. Naseem Abdul Sattar and 6 others v. Federation of Pakistan and 4 others PLD 2013 Sindh 357 and Abdul Aziz Memon and others v. The State and others PLD 2013 SC 594 ref. THIS JUDGMENT DELIVERED BY: WIQAR AHMAD, J.--- The petitioner namely Manzar Khan son of Sikandar Khan has sought grant of bail by filing the instant Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. 2. The allegations against the petitioner may be gathered from Reference No.18/2007, which was filed against him on 01.06.2007 before the learned Administrative Judge, Accountability Court, Peshawar (hereinafter referred to…
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