Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--National Accountability Ordinance, (XVIII of 1999), S. 9--Post-arrest bail of grant of--Allegations of misuse of authority and corrupt practice--Grant of extension of time for payment--Completion of evidence--Determination--Initiation of inquiry--Anonymous complaint--Violation of rules--Rule of consistency--It was case of prosecution/NAB authorities that work was no completed within stipulated period which was extended for one year and amount at rate of 5% for execution of work was paid to contractors instead of imposing penalty--It is worth noticing that inquiry was initiated by NAB authorities on anonymous complain-- Project, otherwise, was completed in all respects within extended time by competent authority--Petitioners were not alleged to have gained financial benefit; from amount paid from national exchequer and they were only blamed with misuse of authority and violating rules on subject--Amount of loss calculated allegedly paid to contractor was fully secured and could be adjusted from amount already deposited--It was observed that case against accused was based on entirely documentary evidence which was in possession of prosecution and there was no possibility of tempering of same, hence bail was granted to accused/petitioner--Rule of consistency is also applicable in this case--We feel that case of petitioners is identical to case of co-accused, therefore, they are entitled to equal treatment in eyes of law, following rule of consistency--Petition was allowed.                 [Pp. 115 116] A, B C 2002 SCMR 282 and 2008 SCMR 173 ref. Order Through this single order, we intend to decide Writ Petition No 2461 of 2019 (Manzoor Ahmad vs. NAB, etc. Writ Petition No. 2376 of 2019 (Riaz Hussain son of Naseer Ahmad (Patwari) vs. NAB, etc.), Writ Petition No. 2466 of 2019 (Riaz Hussain vs. NAB, etc.) and Writ Petition 2218 of 2019 (Gulzar Hussain vs. NAB, etc.), as all these petitions have arisen out of the same case being investigated by NAB authorities on the charges of misuse of authority, corrupt practices and financial loss to the public exchequer in connection with…

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