Law: National Accountability Ordinance, 1999

Section: 9(b)

Law: Constitution of Pakistan, 1973

Section: 199)

National Accountability Ordinance (XVIII of 1999)--- ----S. 9(b)--- Constitution of Pakistan, Art. 199--- Constitutional petition---Bail, grant of---Delay in trial---Benamidar---Proof---Accused was arrested on 13-5-2010 during inquiry of a case but neither inquiry was completed nor reference had been ,tiled---Accused remained on physical remand for 87 days with NAB but Investigating Officer could not connect him with allegations levelled against him---Effect---NAB authorities admitted that no benami property could be unearthed against accused except a motorcycle which stood registered and used by him on behalf of principal accused---More than one year had passed from the date of arrest of accused but Investigating Officer was not in a position to collect any piece of evidence against him---High Court declined to keep the accused behind the bars just on the ground that he was an employee and brother-in-law of the main accused involved in the scam---Bail was allowed in circumstances. ORDER Through the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for his post-arrest bail in an Inquiry, which has been authorized against him by the Chairman NAB, under section 18(c) of the NAB Ordinance, 1999 vide letter No. 1(9)HQ/754/NAB-P, dated 9-4-2010 on the allegation of Corruption and Corrupt Practices. 2. Facts essential for the adjudication of the case in hand are that pursuant to authorization of Inquiry by the Chairman NAB vide letter mentioned above, the petitioner was arrested by NAB Punjab on the allegation that the petitioner, being brother-in-law of the principal accused, Qasir Nazir Rana, worked as agent for him. It was further alleged that there was transaction of money in the account of petitioner and he was beneficiary of the defrauded amount as "BENAMIDAR". The petitioner had undergone physical remand with NAB for 87 days whereafter on 7-8-2010, he was sent to the Judicial Lock up by the Judge Accountability Court, Lahore. 3. Learned counsel for the petitioner submitted that the case against the petitioner is still at inquiry stage and during inquiry, Inquiry Officer of NAB could net…

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