Law: Criminal Procedure Code (V of 1898)

Section: 497,498,497(2)

Law: National Accountability Ordinance, 1999

Section: 9(a)(vi)(b)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497 498---Pre-arrest and post arrest bail---Scope---Principles governing pre-arrest bail and post arrest bail are quite different---Mere dismissal of pre-arrest bail of accused is not a sufficient reason to deprive him with concession of post arrest bail. Muhammad Aslam v. The State PLD 2015 SC 41; Syed Ali Raza and others v. Federation of Pakistan through Secretary Ministry of Law, Islamabad and others (Civil Petitions Nos. 194, 298 and 304 of 2018); Lt. Gen. (Rtd.) Fazlehaq v. The State 1989 SCMR 1724 and Muhammad Hussain v. The State 1982 SCMR 227 rel. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(vi) (b)---Criminal Procedure Code (V of 1898), S. 497 (2)---Constitution of Pakistan, Art.199---Constitutional petition---Bail, grant of---Misuse of authority---Case of further inquiry---Reference, filing of---Deeper appreciation of evidence--- Scope---Petitioners were arrested for misusing their authorities in allotment of state land and causing loss to government exchequer---Validity---Amount calculated in reference was Rs.3,607,200/- which was recovered with the approval of Senior Member Board of Revenue---Such communication was made by Secretary Land Utilization Department of Government of Sindh---Mutation entry in record of rights was incorporated, pursuant to the orders of Senior Member, Board of Revenue---Karachi Metropolitan Corporation allotted 2322 plots to private persons/industrialist and Board of Revenue granted 149 acres of land to individuals---Was yet to be determined during recording of evidence before Trial Court that land automatically stood resumed to Provincial Government or when payment was made and entries were kept in record of rights and payments were made along with fine---Government of Sindh was keen to resolve the issue and reference had already been filed---Accused persons were no more required for further inquiry---At bail stage only tentative assessment was to be made and deeper appreciation of evidence was not permissible---Accused persons had made out their case of further inquiry as envisaged under S. 497(2), Cr.P.C.---Bail was allowed in circumstances.…

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