Case Details

Citation(s)
2012 SLG 342 2012 SLD 342 2012 PLD 287
Lahore High Court
Writ Petition No. 20947 of 2010, decided on 22nd December, 2011. DATE of hearing: 13th December, 2011
SH. AHMAD FAROOQ AND SYED MUHAMMAD KAZIM RAZA SHAMSI, J
Rizwan Mushtaq for Petitioner. Malik Ghulam Rasood, Addl. Deputy Prosecutor General NAB with M. Sultan Nazir, Asstt. Director NAB for
Respondent

TARIQ MASOOD

VS

DIRECTOR GENERAL, NATIONAL ACCOUNTABILITY BUREAU, Lahore and another

Law: National Accountability Ordinance, 1999

Section: 9(b),3,10,24(b)

Law: Criminal Procedure Code (V of 1898)

Section: 497,499,426,491,498

Law: Constitution of Pakistan, 1973

Section: 199

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(b)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, grant of---Jurisdiction of High Court under Art.199 of the Constitution---Scope---High Court under Art.199 of the Constitution has the jurisdiction to grant bail to an accused facing prosecution for an offence under the National Accountability Ordinance, 1999. Abdul Aziz Khan Niazi v. The State through Chairman, NAB, Islamabad PLD 2003 SC 668 ref. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(b) & 3---Criminal Procedure Code (V of 1898), Ss.497 & 499---Bail---Provisions of Ss.497 & 499, Cr.P.C. will not stricto sensu apply to the cases falling under the National Accountability Ordinance, 1999, in view of its Ss.3 and 9(b). (c) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(b)---Criminal Procedure Code (V of 1898), Ss.497 & 499---Bail---Demand for cash security---Area of asking security from the accused, who is allowed bail, is vacant and the court is not enjoined under the law to mathematically follow the system of securities provided in the Code of Criminal Procedure---Under the new dispensation i.e. Ehtasab Ordinance, 1997, which was an earlier enactment on the subject of accountability, court has ample power to ask for cash security in appropriate cases. The State v. Muhammad Hussain Babar PLD 1997 Lah. 605 ref. (d) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(2) & 10---Constitution of Pakistan, Art.199---Constitutional petition---Bail---Cash security demanded in bail granting order challenged---Accused had allegedly misappropriated the entire sale proceed of the land of a society amounting to Rs.54,65,562---Trial of accused was in progress---Bail had been granted to accused in the case by High Court subject to deposit of Rs.25,00,000 as cash security with the Trial Court and furnishing of bail bonds etc.---Amount so deposited was directed to be refunded to accused in case of his acquittal by Trial Court---Accused sought permission to pledge some property in lieu of cash deposit, but the same was not acceptable, as on verification his share in the…
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