Case Details

Citation(s)
2022 SLG 656 2022 SLD 656 2022 MLD 405
Islamabad High Court
Writ Petition No.1701 of 2021, decided on 8th June, 2021.
AAMER FAROOQ, JUSTICE, JUSTICE, TARIQ MEHMOOD, JAHANGIRI, JUSTICE
Syed Hamid Ali Shah for Petitioner.

HUSSAIN LAWAI

VS

THE STATE AND 2 OTHERS

Law: National Accountability Ordinance, 1999

Section: 9

Law: Constitution of Pakistan, 1973

Section: 199

Law: Anti Money Laundering Act, 2010

Section: 3,4

(a) National Accountability Ordinance (XVIII of 1999)--- ----S.9---Constitution of Pakistan, Art.199---Anti-Money Laundering Act (VII of 2010), Ss. 3 4---Constitutional petition---Corruption and corrupt practices---Offence of money laundering---Bail, grant of---Rule of consistency---Delay in conclusion of trial---Scope---Allegation against accused was that he played a key role as President of a bank in preparation of fraudulent proposal, in the approval of loan facility for a company, in line with the plan of the then President of Pakistan---Approval of the projected proposal was also shared with the National Bank of Pakistan which was owned by Government of Pakistan and the same resulted in withdrawal of equity---Accused had also taken illegal gratification for the purchase of a house in the name of his wife---Held; accused suffered from several diseases---All the accused persons arrested in the case had been released on bail after arrest, hence, the accused was also entitled for the grant of bail after arrest on the principle of consistency---Entire case depended on documentary evidence which had already been collected by the investigating agency---Prosecution had failed to satisfy the Court that the inordinate delay in conclusion of trial was not partly attributed to it---Constitutional petition was allowed and the accused was admitted to post-arrest bail, in circumstances. 2017 SCMR 1194; 2016 SCMR 1225; Ghulab Khan v. Chairman N.A.B and another 2020 SCMR 285; Muhammad Daud and another v. The State and another 2008 SCMR 173; Sheraz v. The State 2021 MLD 292; Muhammad Azam v. The State 2008 SCMR 249; Muhammad Saeed Mehdi v. The State and 2 others 2002 SCMR 282; Himesh Khan v. The National Accountability Bureau (NAB), Lahore and others 2015 SCMR 1092; Khawaja Salman Rafique and another v. National Accountability Bureau through Chairman and others PLD 2020 SC 456; Nazir Ahmed Shaikh and others v. National Accountability Bureau and others 2020 SCMR 297 and Muhammad Jawed Hanif Khan and another v. National Accountability Bureau Sindh and others 2020 SCMR 185 ref. Dinshaw Hoshang Anklesaria v. National Accountability Bureau (NAB) through Chairman and others 2021…
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