Law: National Accountability Ordinance, 1999

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

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(iv) ,  9(b)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, grant of---Assets beyond means---Foreign remittance---Income declared in tax record---Accused was arrested by National Accountability Bureau (NAB) for having assets beyond means---Contention of petitioner was that he had been working for a foreign company and the income was duly declared in tax returns---Validity---Representative of the company was not summoned by investigating officer---Neither there was any tangible material nor even any circumstantial material to prima facie conclude that remittance was generation of proceeds of crime---Foreign remittance declared in income tax return carried presumption of truthfulness---Even Federal Board of Revenue record regarding claim of petitioner supplemented his claim regarding properties, income gained by him and foreign remittance--- Petitioner did not cause any loss to government exchequer---Prosecution was still to establish its case and reference was not submitted before Trial Court---Bail was allowed in circumstances. Khawaja Muhammad Asif v. Muhammad Usman Dar and others 2018 SCMR 2128 and Brig. (R) Imtiaz Ahmad v. The State PLD 2017 Lah. 23 rel. ORDER Through the instant petition, the learned counsel for the petitioner has made the following prayer, which is as under:- ‘In view of the foregoing, it is most respectfully prayed that this petition may kindly be accepted and the petitioner be admitted to post-arrest bail in investigation No.1(61)HQ/ 1026/NAB-L dated 29.01.2021.’ 2. Briefly, the accusations against the petitioner as per grounds of arrest are as following:- i. That the petitioner/accused became Public Office Holder in 1991 as Member Senate of Pakistan. Before holding public office, he had a house situated at Mehmood Ghazanvi Road, Sialkot. The accused has accumulated assets comprising land measuring 40 kanal approximately in Kent Housing Society Sialkot, commercial properties in Sialkot, two apartments in Islamabad, acquisition and disposal of various plots in Lahore, incurred huge household expenditure, repaid loans along with markup and made…

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