| Citation(s) |
|---|
| 2022 SLG 1331 2022 SLD 1331 2022 PLD 261 |
Supreme Court of Pakistan
Civil Petition No. 4387 of 2021, decided on 21st October, 2021. (On appeal from the judgment/order dated 27.07.2021 of the High Court of Sindh, Karachi passed in C.P. No.D-4048/2021).
UMAR ATA BANDIAL AND SYED MANSOOR ALI SHAH, JJ
M. Makhdoom Ali Khan, Senior Advocate Supreme Court and Mohsin Shahwani, Advocate Supreme Court for Petitioner. Sattar Awan, Spl. Prosecutor and Kashan, I.O. for
Respondent.
Civil Petition No. 4387 of 2021, decided on 21st October, 2021. (On appeal from the judgment/order dated 27.07.2021 of the High Court of Sindh, Karachi passed in C.P. No.D-4048/2021).
UMAR ATA BANDIAL AND SYED MANSOOR ALI SHAH, JJ
M. Makhdoom Ali Khan, Senior Advocate Supreme Court and Mohsin Shahwani, Advocate Supreme Court for Petitioner. Sattar Awan, Spl. Prosecutor and Kashan, I.O. for
Respondent.
Syed KHURSHEED AHMED SHAH
VS
The STATE
Law: National Accountability Bureau Ordinance, (XVIII of 1999)
Section: 9,10,9(a)(v)
Law: Constitution of Pakistan, 1956
Section: 9,10,10A,14(1),185(3)
Law: Criminal Procedure Code (V of 1898)
Section: 497
(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9 , 10---Constitution of Pakistan, Arts. 9, 10, 10A, 14(1) , 185(3)---Criminal Procedure Code (V of 1898), S. 497---Person accused of an offence under the National Accountability Ordinance, 1999 ( NAB Ordinance )---Bail---Tentative assessment of the material available on record to decide whether there is, or is not, available on record such incriminating material which provides reasonable grounds for believing that the accused is guilty of the alleged offence---Scope---Said standard of making tentative assessment of the material available on record for deciding the question of detaining an accused in prison, or releasing him on bail, during his trial for the alleged offence under the NAB Ordinance is not borrowed from S.497, Cr.P.C. rather, it emanates from the fundamental rights to liberty, dignity, fair trial and protection against arbitrary detention guaranteed by the Constitution and from the operational scheme of the NAB Ordinance---Said Constitutional standard of reasonable grounds for depriving a person from his said fundamental rights is to be read in all laws dealing or interfering with his liberty---Material on which tentative assessment is to be made by the court includes material both for and against the accused collected during investigation. Muhammad Iqbal Khan Noori v. National Accountability Bureau PLD 2021 SC 916 and Khalid Javed v. State PLD 1978 SC 256 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---National Accountability Ordinance (XVIII of 1999), S. 9(a)(v)---Constitution of Pakistan, Art. 185(3)---Benami assets disproportionate to known sources of income of the accused---Bail, grant of---No sufficient incriminating material was available to show that the properties held by the persons who are not the family members of the accused, but are alleged to be his benamidar, are actually of the accused---National Accountability Bureau ( the Bureau ) failed to point out any material, which could reasonably show that the properties alleged to be held by the accused, in name of other persons, as his benamidar, are in his actual or constructive possession and/or…
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