Law: National Accountability Ordinance, 1999

Section: 9(a),9(b)

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a) 9(b)--- Constitution of Pakistan, Art. 199---Constitutional petition---Bail, refusal of---Medical ground---Treatment in jail premises---Angina class III, Hypertension, Parkinson and Diabetes were the ailments on the basis of which accused sought his release from custody on bail---Validity-accused needed treatment and nursing---Associated diseases of hypertension were apparently main cause of associated heart diseases and petitioner-accused should be away from home stresses and other related tensions and routine business issues---High Court allowed petitioner-accused to avail medical treatment from hospitals and doctors of his choice at his risk and cost and should not be delayed under any circumstances---Bail was declined in circumstances. Malik Muhammad Yousufullah Khan v. The State PLD 1995 SC 58; Mian Manzoor Ahmad Watto v. The State 2000 SCMR 107 and Zakhim Khan Masood v. The State 1998 SCMR 1065 distinguished. ORDER MUHAMMAD SHAFI SIDDIQUI, J. invoked the jurisdiction of this court for grant of post arrest bail. The petitioner was arrested in pursuance of NAB Reference No.04 of 2017, pending before the Accountability Court No.VI Sindh at Hyderabad. Brief facts are that the petitioner purchased a land measuring 13-32 acres situated in Deh Seri Taluka Qasimabad District Hyderabad from Dr. Farah Illahi wife of Liaquat Ali vide registered sale deed. Over the said property Messrs Gold Star Builders and Developers had already announced a Project under the name and style of Indus Town Housing Scheme which was subsequently changed to Memon City Housing Scheme by present petitioner. Petitioner also claimed to have purchased an additional area of 13.32 acres from Mir Imran Ali and Syed Muhammad Ali Shah who has executed a General Power of Attorney in favour of the petitioner. The petitioner then got himself involved in the said business of selling and booking of the plots to interested buyers and an issue of conversion of amenity plots and layout plan was brought to light. It is pleaded that somewhere in 2012 his health started deteriorating as he developed some heart problems and he handed over the…

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