| Citation(s) |
|---|
| 2021 SLG 1361 2021 SLD 1361 2021 SCMR 699 |
Supreme Court of Pakistan
Civil Petition No. 3714 of 2019, decided on 6th January, 2021, Date of hearing: 6th January, 2021. (On appeal against the judgment Dated 07.08.2019 passed by the Islamabad High Court, Islamabad in Writ Petitions Nos. 2167/2019 and 2206/2019)
UMAR ATA BANDIAL, JUSTICE, SAJJAD ALI SHAH, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Rasheed A. Rizvi, Senior Advocate Supreme Court and Mian Abdul Rauf, Advocate Supreme Court for Petitioner. Syed Asghar Haider, P.G., Hassan Akbar, Additional P.G., Nasir Mehmood Mughal, Special Prosecutor, Asghar Khan, I.O. and Mustansar, I.O. for Respo
Civil Petition No. 3714 of 2019, decided on 6th January, 2021, Date of hearing: 6th January, 2021. (On appeal against the judgment Dated 07.08.2019 passed by the Islamabad High Court, Islamabad in Writ Petitions Nos. 2167/2019 and 2206/2019)
UMAR ATA BANDIAL, JUSTICE, SAJJAD ALI SHAH, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Rasheed A. Rizvi, Senior Advocate Supreme Court and Mian Abdul Rauf, Advocate Supreme Court for Petitioner. Syed Asghar Haider, P.G., Hassan Akbar, Additional P.G., Nasir Mehmood Mughal, Special Prosecutor, Asghar Khan, I.O. and Mustansar, I.O. for Respo
DINSHAW HOSHANG ANKLESARIA
VS
NATIONAL ACCOUNTABILITY BUREAU (NAB) THROUGH CHAIRMAN AND OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: National Accountability Ordinance, 1999
Section: 9
Criminal Procedure Code (V of 1898)--- ----S. 497---National Accountability Ordinance (XVIII of 1999), S. 9---Illegal allotment of State land in connivance with government officials---Bail, grant of---Delay in conclusion of trial---Although the Reference against accused had been filed but there were 36 witnesses whose testimony was to be recorded before the Trial Court---Rest of the evidence was in the possession of the prosecution, which was in the documentary form and there was no likelihood of any tampering or manipulation---Accused had already suffered 20 months of incarceration without even commencement of trial, which clearly reflected that the conclusion of the same was not in sight in near future---Even otherwise, there were 27 accused in all and the majority of the same were enjoying their liberty and free life---Petition for leave to appeal was converted into appeal and allowed, and accused was granted bail with the direction that his passport be impounded before the Trial Court and his name be placed on the Exit Control List till the final conclusion of the trial. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- Through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, the petitioner seeks post-arrest bail in a NAB Reference. The same relief was denied to him by the learned Islamabad High Court, Islamabad vide impugned judgment dated 07.08.2019. 2. Briefly stated the allegation against the petitioner is that he being 50% shareholder of Messrs Galaxy Construction in connivance with the officials of the Government of Sindh and by exerting political pressure illegally got allotted additional land measuring 2769 square yards and 1081.11 square yards of Bagh-e-Ibn-e-Qasim in favour of Messrs Galaxy Construction; that he illegally got amalgamated plot Nos. 5 and 6 with the amenity land of Bagh-e-Ibn-e-Qasim and enhanced the area from 9436 square yards to 17336 square yards and in collaboration with co-accused raised construction of two towers i.e. Bahria Icon Towers of 62 and 42 floors over the said amenity land, thereby causing huge loss to the public exchequer. 3. This case was partly heard on 09.12.2020 when learned…
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