Law: Constitution of Pakistan, 1973

Section: 199

Law: National Accountability Ordinance, 1999

Section: 9,18(q),24(b)

Constitution of Pakistan, 1973-- ----Art. 199--National Accountability Ordinance, (XVIII of 1999), Ss. 9, 18(q) 24(b)--Bail after arrest, refusal of--Allegations of misappropriation and embezzlement--Conducting of inquiry--Formation of consortium--Award of contract--Joint venture agreement--Beneficiary of contract--Rule of consistency--Illegal gratification--Appreciation of evidence--Exceptional circumstances--Inordinate delay in conclusions of trial--Specific role--Connection with commission of offence--A joint venture agreement was shown by Special Prosecutor NAB, not controverted by counsel, evidencing that M/s. Bismillah Engineering Services Company was lead member with 90% share--Whereas, M/s. SPARCO second JV Member and third JV Member had 9% and 1% shares, respectively--Why percentage of respective shares was not mentioned in Memo of Understanding and how M/s. Bismillah Engineering Services, a company of category C-4 assumed role of lead member with 90% shares?, counsel for petitioner could not explain circumstance, satisfactorily--Admittedly, petitioner being partner of category C-4 firm was main beneficiary of contract--PWs have also implicated petitioner in their statements recorded during investigation--Case of petitioner is also distinguishable from his co-accused including Munir Zia and Sajjad as they were not signatory to Joint Venture Agreement and petitioner claimed himself to be a Chief Executive of Lahore CASA Developers in above referred application filed under section 20 of Arbitration Act, 1940 and, thus, case of petitioner is not at par with said co-accused and rule of consistency is not attracted, in case--Statements of Mohsin Nadeem recorded during investigation giving details of properties alienated in favour of Shahid Shafique Alam Faridi, Ahmed Hussain, Sadia Mansoor, Mansoor Ahmad and Nazia Ashraf (close relatives of Ahad Khan Cheema), petitioner--Statements of witnesses including Muhammad Kashif son of Muhammad Shafique, Akbar Ali son of Din Muhammad and Akbar Ali son of Boota lend further strength to above allegation--No ill-will or animosity was attributed to any of PWs for false implication of petitioner--Deeper appreciation of…

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