Law:

Section:

National Accountability Ordinance (XVIII of 1999)--- ----S. 25(b)---Voluntary return and plea bargaining---Office objection, disposal of---Accused petitioner had been convicted and sentenced by the Accountability Court in a Reference---Accused had voluntarily returned the amount, and he had sought the approval of his plea bargain and voluntary return of money through the Additional Deputy Prosecutor General, NAB---Section 25(b) of the National Accountability Ordinance, 1999, revealed that when the trial was pending, the Trial Court would accord the said approval and in case the appeal was pending this power would vest with the Appellate Court---When no appeal was pending, whether it was not filed or it had been decided, the court competent to accord approval would be the Trial Court only---Accused petitioner in the present case had not filed any appeal---Chairman NAB should approach the Trial Court through a Reference under S.25(b) of the National Accountability Ordinance, 1999, for approval of the plea bargain of the accused---Office objection was disposed of accordingly. ORDER RAUF AHMAD SHEIKH, J.---The instant petition has been moved on behalf of Ch. Suneel Shamshad Ahmad through the Additional Deputy Prosecutor General, NAB for according approval of his 'plea bargain' and voluntary return of misappropriated money, which has been accepted by Chairman, NAB. The petitioner faced the trial in Accountability Court No.3, Rawalpindi in Reference No.18 of 2007 titled "State v. Syed Muhammad Makhdoom Gillani etc." and was finally convicted and sentenced. It is contended that the petitioner has voluntarily returned an amount of Rs.20,70,000 through CDRs Nos.2667259-1319 and 2667260-1320 so the approval of his 'plea bargain' and voluntary return of money be approved. The learned ADPG has reiterated the above contentions. 2. Section 25 of the National Accountability Bureau Ordinance, 1999 provides that before authorization of investigation the Chairman NAB may accept the offer of voluntary return and 'plea bargain' but in case of the pendency of the case or appeal, the Chairman may accept the offer and refer the case for approval to the Court or…

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