Law: Constitution of Pakistan, 1973

Section: 199

Law: National Accountability Ordinance, 1999

Section: 9

Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Constitution of Pakistan, 1973-- ----Art. 199--National Accountability Ordinance, (XVIII of 1999), S. 9--Criminal Procedure Code, (V of 1898), S. 497(5)--Cancellation of bail granted by High Court--Jurisdiction--Offence of corruption and corrupt practices being benamidars and estensibly owing--Fundamental Right--It is one of elementary principles of law of bail that Courts are not to indulge in exercise of a deeper appreciation of material available on record at bail stage and are only to determine tentatively, by looking at such material, whether or not there exist any “reasonable grounds” for believing that accused person is guilty of alleged offence--In NAB cases, standard of “reasonable grounds” for making a tentative assessment of material available on record to decide in constitutional jurisdiction under Article 199 of Constitution, question of detaining an accused in prison, or admitting him to bail, during his trial for alleged offence under NAB Ordinance is not borrowed from Section 497 Cr.PC, rather it emanates from fundamental rights to liberty, dignity, fair trial and protection against arbitrary detention guaranteed by Constitution under Articles 9, 10, 10-A ,  14 and from operational scheme of NAB Ordinance. [P. 272] A ,  B Cancellation of Bail-- ----Observation of High Court--No sufficient material available on record--Necessary elements of benami transactions--Role in offence of corrupt practices allegedly committed by accused--We find this observation of High Court, also in accordance with, and not against, weight of material available on record of case--NAB was not able to show sufficient incriminating material on record of case to connect main accused with commission of offence of corruption and corrupt practices, and therefore he was granted post arrest bail by this Court--Where main accused has been granted bail, there remains little justification to decline same relief to his co-accused who are alleged to have merely abetted him in commission of offence, as case against such co-accused is at a lower rung than that against main accused--Counsel for petitioner has thus not been able to show that impugned order is either perverse or…

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