Law:

Section:

(a) Ehtesab Ordinance (CXI of 1996)--- ----Ss. 3 & 4---Criminal Procedure Code (V of 1898), 5.497---Bail, grant of--Entitlement---Charge against accused was misappropriation of colossal amount of millions of public money---Bail was sought on medical grounds---Medical Board constituted by High Court opined that heart surgery of accused had been successful and he was being kept in hospital where he was getting best medical treatment and that his statement of health was such that he could be allowed to attend Court proceedings for 2 to 3 hours at a time---Even while in custody accused was getting best medical facilities and treatment, which any patient, suffering from such ailment as accused was suffering, was likely to get in Pakistan---Bail could not be granted to accused on another consideration that there was every possibility of his running away from country or making himself unavailable by going into hiding either in some part of country or in another country---Another ground for not allowing bail to accused was possibility of his tampering with evidence available against him---No case was, thus, made out for enlarging accused on bail. Sadiq Ali Shah v. Khalid Umar and others 1982 SCMR 975; Haji Mir Aftab v. The State 1979 SCMR 320; Banaras v. The State 1978 SCMR 191; Misal Muhammad v. The State 1986 SCMR 847; Ismail Shaikh v. The State 1993 SCMR 1460 and Malik Muhammad Yousafullah Khan v. The State PLD 1995 SC 58 ref. (b) Ehtesab Ordinance (CXI of 1996)--- ----S. 14(2)(i)---Criminal Procedure Code (V of 1898), 5.497---Bail, grant of--Entitlement---Reference against accused---Powers of Trial Court---Once case or reference was forwarded to Court for trial of accused person, there could be no limitation or bar placed on powers of such Court to grant bail to any accused person who had been produced in custody in pursuance of warrant of arrest issued by Chief Ehtesab Commissioner or remand accused to judicial custody who had appeared before Court in pursuance of notice/summons. (c) Ehtesab Ordinance (CXI of 1996)--- ----Ss. 3 & 4---Criminal Procedure Code (V of 1898), 5.497---Bail, grant of--Entitlement---Bail of co-accused ladies---High Court had fixed…

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