Case Details

Citation(s)
2025 SLG 309 2025 SLD 309 = 2025 PCRLJ 15
Islamabad High Court
Crl. Misc. No. 1744-B of 2024, decided on 23rd October, 2024.
Before Miangul Hassan Aurangzeb, J
Barrister Salman Safdar, Salman Akram Raja, Barrister Khadija Siddiqui, Rai Salman Amjad, Ch. Khalid Yousaf, Shahina Shahab-ud-Din, Naheed Iqbal and Ayesha Shabbir for the Petitioner. Umair Majeed Malik, Zulfiqar Abbas Naqvi, Special Prosecutors along with M. Afzal Khan Niazi, Deputy Director, Shahid Parwaiz Malik, Assistant Director / IO and Wajid Hussain, Assistant Director, FIA ACC, Islamabad for the
Respondents.

BUSHRA IMRAN KHAN---Petitioner

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: XLV,409,109

Law: Prevention of Corruption Act, 1947

Section: II,5(2)

Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss. 409 & 109---Prevention of Corruption Act (II of 1947), S.5 (2)---Criminal breach of trust, abetment and criminal misconduct---Bail, grant of---Old lady---Delay in conclusion of trial--Petitioner was a 52-year old lady, who suffered incarceration in different cases for a period of 263 days---In the instant case petitioner was arrested on 13-072024 and remained incarcerated at sub-jail and then at Central Prison, Rawalpindi for more than three months---Investigating officer did not want to question or interrogate the petitioner ever since the case was marked to him--Reference against petitioner had earlier been filed before Accountability CourtI, Islamabad, which meant that investigation in instant case was complete--Charge against petitioner had not been framed as yet and conclusion of trial was not in sight---Evidence was largely documentary in nature which was already in prosecution's possession---There was no chance of petitioner tampering with such evidence---Bail was allowed, in circumstances.ORDERMIANGUL HASSAN AUGRANZEB, J.---Through the instant criminal miscellaneous petition, the petitioner, Bushra Imran Khan, seeks the grant of postarrest bail in FIA case No.SJC-1/T/01/2024, dated 18.09.2024, registered under Sections 109 and 409 of the Pakistan Penal Code, 1860 ("P.P.C.") read with Section 5(2) of the Prevention of Corruption Act, 1947.2.    The petitioner is the spouse of the former Prime Minister of Pakistan. They were both convicted and sentenced to seven years of imprisonment by the Judicial Magistrate (Section 30), East-Islamabad vide judgment dated 03.02.2024 passed in private complaint No.7096/2023. The appeal against the said judgment was allowed by the learned appellate Court vide judgment dated 13.07.2024, whereby they were both acquitted. As the petitioner was being released from Central Prison, Rawalpindi, she was arrested on 13.07.2024 by National Accountability Bureau ("NAB") in a matter which was under investigation and finally led to the filing of Accountability Reference No.01/2024 before the learned Accountability Court-II,…
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