| Citation(s) |
|---|
| 2022 SLG 3000 2022 SLD 3000 2022 PLD 475 |
Supreme Court of Pakistan
Civil Petitions Nos. 1628 to 1636 of 2020, decided on 22nd February, 2022. (Against the order dated 22.04.2020 of the High Court of Sindh, Sukkur Bench, passed in Constitutional Petitions Nos. D-1850, D-111, D-113, D-103, D-110, D107, D-106, D-104 and D-108 of 2020 respectively).
Present: Umar Ata Bandial, C.J., Syed Mansoor Ali Shah and Ayesha A. Malik, JJ
Sattar Awan, Spl. Prosecutor National Accountability Bureau and M. Sharif Janjua, Advocate-on-Record for Petitioner (in all cases). Syed Qalb-e-Hassan, Advocate Supreme Court along with Ch. Akhtar Ali, Advocate-on-Record for
Respondents (in C.Ps. Nos. 1628-1929 of 2020). Raja Amir Abbas, Advocate Supreme Court along with Abdul Razak Bahrani in person for
Respondents (in C.P. No. 1630 of 2020). Mukesh Kumar G. Karara, Advocate Supreme Court along with Kassim Mirjat, Advocate-on-Record along with Akram Khan along with Syed Zareekh Shah along with Syed Khalid Hussain Shah for
Respondents (in C.Ps. Nos.1631, 1634 and 1636 of 2020). Amer Raza Naqvi, Advocate Supreme Court for
Respondents (in C.Ps. Nos.1632-1633 of 2020). Muneer A. Malik, Advocate Supreme Court (video-link Karachi) along with Syed Awais Qadir Shah for
Respondents (in C.P. No. 1635 of 2020). Date of hearing: 22nd February, 2022.
Civil Petitions Nos. 1628 to 1636 of 2020, decided on 22nd February, 2022. (Against the order dated 22.04.2020 of the High Court of Sindh, Sukkur Bench, passed in Constitutional Petitions Nos. D-1850, D-111, D-113, D-103, D-110, D107, D-106, D-104 and D-108 of 2020 respectively).
Present: Umar Ata Bandial, C.J., Syed Mansoor Ali Shah and Ayesha A. Malik, JJ
Sattar Awan, Spl. Prosecutor National Accountability Bureau and M. Sharif Janjua, Advocate-on-Record for Petitioner (in all cases). Syed Qalb-e-Hassan, Advocate Supreme Court along with Ch. Akhtar Ali, Advocate-on-Record for
Respondents (in C.Ps. Nos. 1628-1929 of 2020). Raja Amir Abbas, Advocate Supreme Court along with Abdul Razak Bahrani in person for
Respondents (in C.P. No. 1630 of 2020). Mukesh Kumar G. Karara, Advocate Supreme Court along with Kassim Mirjat, Advocate-on-Record along with Akram Khan along with Syed Zareekh Shah along with Syed Khalid Hussain Shah for
Respondents (in C.Ps. Nos.1631, 1634 and 1636 of 2020). Amer Raza Naqvi, Advocate Supreme Court for
Respondents (in C.Ps. Nos.1632-1633 of 2020). Muneer A. Malik, Advocate Supreme Court (video-link Karachi) along with Syed Awais Qadir Shah for
Respondents (in C.P. No. 1635 of 2020). Date of hearing: 22nd February, 2022.
CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU through P.G., NAB- --Petitioner
VERSUS
NISAR AHMED PATHAN and others---Respondents
Law: Code of Criminal Procedure (CrPC), 1898
Section: 497, 498, 497(5)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: National Accountability Ordinance (XVIII of 1999)
Section: 9,10
(a) Criminal Procedure Code (V of 1898)-------S. 497(5)---Constitution of Pakistan, Art. 185(3)---Petition for cancellation of bail---Invoking the appellate jurisdiction of the Supreme Court for cancellation of bail granted by the High Court---Principles---In its appellate jurisdiction, the Supreme Court usually interferes on two grounds; first, when the impugned order is perverse on the face of it, or, second, when the impugned order has been made in clear disregard of some principle of the law of bail---Perverse order is the one that has been passed against the weight of the material on the record or by ignoring such material or without giving reasons---Such order is also termed as arbitrary, whimsical and capricious.Zaro v. State 1974 SCMR 11 and Sidra Abbas v. State 2020 SCMR 2089 ref.(b) Criminal Procedure Code (V of 1898)-------Ss. 497 & 498---Constitution of Pakistan, Art. 185(3)---Bail---Appreciation of material/evidence on record---Principles---Courts are not to indulge in the exercise of a deeper appreciation of material available on record at the bail stage and are only to determine tentatively, by looking at such material, whether or not there exist any "reasonable grounds" for believing that the accused person is guilty of the alleged offence.Farid v. Ghulam Hussan 1968 SCMR 924 and Khalid Saigol v. State PLD 1962 SC 495 ref.(c) Criminal Procedure Code (V of 1898)-------Ss. 497 & 498---National Accountability Ordinance (XVIII of 1999), Ss. 9 & 10---Constitution of Pakistan, Arts. 9, 10, 10A, 14 & 199---National Accountability Bureau Reference---Bail---Constitutional petition before the High Court seeking grant of bail---Principles---In NAB cases, the standard of "reasonable grounds" for making a tentative assessment of the material available on record to decide in constitutional jurisdiction under Article 199 of the Constitution, the question of detaining an accused in prison, or admitting him to bail, during his trial for the alleged offence under the National Accountability Ordinance, 1999 ('the Ordinance') is not borrowed from section 497, Cr.P.C., rather it…
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