Law: Constitution of Pakistan, 1973

Section: 199

Law: National Accountability Ordinance, 1999

Section: 26

Constitution of Pakistan, 1973-- ----Art. 199--National Accountability Ordinance, 1999, S. 26--Post arrest bail--Grant of--Investment of huge amount by public at large--Misappropriation of amount--Conducting of inquiry--Co-accused were released on bail--Identical role of petitioner--Change of status of petitioner from accused to witness--Recording of statement by petitioner was behind bar for indefinite period--No objection from prosecution is behind bars since his arrest and is no more required for further investigation--No useful purpose would be served by keeping petitioner behind bars for an indefinite period--Even otherwise, prosecution itself has no objection for his release on post arrest bail--Petition allowed. ORDER Through this petition under Article-199 of the Constitution of Islamic Republic of Pakistan, 1973, filed by petitioner Muhammad Saghar Nisar, seeks post arrest bail in ACR No. 78/2018, as his pardon was accepted by the competent authority. 2. Briefly, the allegation against the petitioner is that he in connivance with co-accused, lured the general public to invest in M/s. MNM Motorcycles (Pvt.) Ltd. And offered that on investment of Rs. 25,000/- by the members of general public to the company, they will return Rs. 36,000/- or a China Motorcycle as profit after 45-days but they neither retuned the invested amount nor gave motorcycle to the members and after inquiry by the FIA authorities, it was found that the members of public-at-large invested the huge amount of Rs. 500/-, millions in the said company, which was misappropriated by the accused. 3. At the very outset, learned Special Prosecutor for NAB submits that the petitioner while accepting the tender of pardon, got his statement recorded as required under Section 26 of the National Accountability Ordinance, 1999 and now his status has been changed from…

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