Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 9(b)

Law: Constitution of Pakistan, 1973

Section: 199

(a) National Accountability Bureau Ordinance (XVIII of 1999)-----S. 9(b)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Corruption and corrupt practices---Post-arrest bail, grant of--�National Accountability Bureau Ordinance, 1999 being a subordinate legislation, High Court had jurisdiction under Art. 199 of the Constitution to review, examine and strike down any act or omission of the Bureau as well as that of Accountability Court, if such act or omission was without jurisdiction, in excess of jurisdiction, was in defiance of patent provision of law or tainted with mala fides---High Court, therefore, had jurisdiction under Art.199 of the Constitution (1973) to grant bail to the accused---Bail was granted by High Court in specified references subject to the deposit of cash security of Rs.2 crore by the accused with the Accountability Court.Conceptually, 'bail' means to procure release of one charged with an offence by ensuring his future appearance in Court and compelling him to remain within the hands of the Court through sureties. The person, who is released on bail is known 'principal' while the person who gives security is known as 'surety'. The security, to be furnished, may be in the form of bond or cash. The criminal administration of justice has inherited this concept from times immemorial. During the era of the Normans rule in England, the whole community gave security for the appearance of an accused before the Court of trial. The community was treated as a property and served as a surety. This concept vanished with the march of time and in its place the security of a third person was substituted. The concept of pre-trial release of the accused was developed on three presumptions: firstly, the accused was presumed to be innocent till he was found guilty; secondly, the accused should have a right to prepare his defence and prove his innocence before the Court of trial; and thirdly, the accused should not be punished before the finding of his conviction was rendered by the Court. These rules were developed by the contribution of Jurists and Courts. There was/is a judicial consensus that a Court has no authority under sections…