| Citation(s) |
|---|
| 2020 SLG 926 2020 SLD 926 2020 SCMR 841 |
Supreme Court of Pakistan
Civil Petition No. 3213-L of 2019, decided on 14th April, 2020, Date of hearing: 14th April, 2020.
UMAR ATA BANDIAL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Asaf Faish-ud-Din Verdeg, Advocate Supreme Court along with M. Islam for Petitioner. Nemo for
Respondents.
Civil Petition No. 3213-L of 2019, decided on 14th April, 2020, Date of hearing: 14th April, 2020.
UMAR ATA BANDIAL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Asaf Faish-ud-Din Verdeg, Advocate Supreme Court along with M. Islam for Petitioner. Nemo for
Respondents.
MUHAMMAD ISLAM
VS
THE STATE THROUGH ADVOCATE GENERAL PUNJAB, LAHORE AND OTHERS
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Cognizable/non-bailable offence---Anticipatory bail, grant of--- Scope and principles--- Principles, applicable to grant of anticipatory bail in a cognizable/non-bailable offence did not admit denials or parallel stories to ward off evidence/material prima facie constituting the offence nor the witnesses could be stripped off their credentials at the investigative stage so as to divert the usual course of law---Accused must point out circumstances, reasonably suggesting abuse of process of law with strappings of mala fide, lurking behind the intended arrest. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9---Cheating the public at large in connection with investment in a travel agency---Anticipatory bail, refusal of---Statements of 61 affectees with diverse and different backgrounds, clamouring foul play could not be summarily brushed aside to accommodate plea of accused---Detailed and comprehensive investigative process was carried out pursuant to call up notice, followed by an inquiry, findings whereof, prima facie pointed upon culpability of accused for an offence wherein grant of bail was narrowly formulated---Accused was refused anticipatory bail. ORDER QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Apprehending arrest, Muhammad Islam, petitioner, seeks admission to bail; he is amongst array of the accused in a NAB reference; a dismissed constable of Special Branch, he is blamed to have lured, alongside co-accused, members of the public to invest in his Multan based travel agency, styled as "Bin Islam Travels and Tours"; lucrative profits, offered by the accused, attracted no less than 61 investors in the business, subsequently turned out as farce; he attempted to pacify the disappointed clientele by issuing bank cheques, bounced upon presentation. In the backdrop of petitioner's failure before a learned Division Bench of the Lahore High Court at Multan, his learned counsel contends that he was…
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