Law:

Section:

National Accountability Ordinance, 1999 (XVIII of 1999)-- ----S. 16--Expeditious trial--Section 16 of the National Accountability Ordinance, 1999 has prescribed a period of 30 days for holding the trial on day to day basis and concluding the same within 30 days of the submission of challan is by itself sufficient to show that the intent and object of the Ordinance was to ensure the expeditious trial and its conclusion within the shortest possible time--Limitation of thirty days has hardly even been observed for the disposal of a reference under the National Accountability Ordinance, yet it cannot be denied that the emphasis of the Ordinance for quick disposal of the cases is neither lost nor can it be ignored. Bail-- ----Delay in trial--Law as emphatically available in the criminal jurisprudence and repeatedly ordained by the superior Courts of Pakistan--Accused are made to be available for trial but it has never been nor it can ever be the intention of law to punish the accused for the offence the trial whereof is still pending against him--Concept of punishment is essentially relatable to the conclusion of trial and the punishment can only be imposed after the end of trial--Nobody can be incarcerated during the trial merely as a matter of punishment--Challan has been submitted and the trial is pending would not constitute a bar for the grant of bail to the accused--Element of delay alone in instant case would be sufficient and the sole ground for concession of bail--Bail allowed. THIS ORDER PASSED BY: ZUBDA-TUL-HUSSAIN, JUSTICE---.--- The instant bail petitions are directly relatable to the Forex scam leading to a number of References by the National Accountability Bureau, Reference No. 35/2005 being one with enormous volume of the financial involvement. This reference was initially instituted against four accused namely, Shahid Hassan Awan, Zubair Ali Khan, Majid Rashid and Ulfat Salim. Subsequently, one Zakaullah Khan Sherwani was also added as an accused. 2. Although in the Reference allegations against each of the accused have been separately incorporated and bail petitions have also been filed separately on behalf of Zubair Ali Khan, Majid to Rashid and…

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