| Citation(s) |
|---|
| 1998 SLG 1245 1998 SLD 1245 1998 PLD 159 |
Sindh High Court
Ehtesab Reference No. 12 of 1997, decided on 10th July, 1997.
WAJIHUDDIN AHMED, JUSTICE, SAIYED SAEED ASHHAD, JUSTICE AND MUSHTAQUE AHMAD MEMON, JUSTICE
Abdul Hafeez Lakho and I.A. Hashmi for
Respondent No. 1. Nemo for the Remaining
Respondents.
Ehtesab Reference No. 12 of 1997, decided on 10th July, 1997.
WAJIHUDDIN AHMED, JUSTICE, SAIYED SAEED ASHHAD, JUSTICE AND MUSHTAQUE AHMAD MEMON, JUSTICE
Abdul Hafeez Lakho and I.A. Hashmi for
Respondent No. 1. Nemo for the Remaining
Respondents.
THE State--Appellant
VS
MUHAMMAD YOUNUS DALIA AND 2 OTHERS
Law:
Section:
(a) Ehtesab Ordinance (LXI of 1996)--- ----S. 3---Criminal Procedure Code (V of 1898), Ss. 403 & 497---General Clauses Act (X of 1897), S.26---Constitution of Pakistan (1973), Art.13---Plea of double jeopardy---Validity---Filing and registration of Ehtesab References against accused---Accused having already been challaned in Special Court (Offences in Banks) on basis of same F.I.R. and his subsequent indictment for offences in respect of which he had already been challaned would not amount to double jeopardy in terms of Art.13 of the Constitution, S.403 of Criminal Procedure Code, 1898 and under S.26 of General Clauses Act, 1897---Such provisions would be operative and effective only if accused was convicted or acquitted by one of the Courts wherein he was facing trial for one and the same offence and then only proceedings in other Court would have to be stopped/suspended or dropped against him. Muhammad Ashraf v. The State 1995 SCMR 626 ref. (b) Ehtesab Ordinance (CXI of 1996)--- ----Ss. 3 & 4---Criminal Procedure Code (V of 1898), S.497---Entitlement of accused to grant of bail---Accused being President of the Bank had allowed loan/demand finance facility in favour of absconding co-accused persons to the tune of millions of rupees without obtaining any tangible security from them--Such act/omission of accused was due to his dishonest and mala fide intention to commit fraudulent and illegal acts by abusing his authority and powers as President of the Bank, thereby causing wrongful loss of millions of rupees to the Bank and wrongful and. fraudulent gain of that huge amount to absconding accused---Material on record clearly indicated that accused was connected with offences of corruption and corrupt practices as defined in S.3, Ehtesab Ordinance, punishable under S.4 thereof---Bail in non-bailable offence, not punishable with death, imprisonment for lift or 10 years, was although to be granted as a rule and refusal was an exception, yet case of accused (punishable with 7 years' imprisonment) would fall within category of exceptional circumstances in view of his having deprived Bank of money belonging or kept in trust by general public to the tune of…
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