Law:

Section:

Ehtesab Act (IX of 1997) S.4National Accountability Bureau Ordinance (XVIII of -1999), S.10­Constitution of Pakistan (1973), Art. 185(3)High Court, after having considered the contentions of the accused, had set aside their convictions and remanded the case to the Trial Court for retrial by providing full opportunity to themTrial of accused was likely to be concluded within a shortest possible timeFindings of High Court were based on the principles laid down by Supreme CourtImpugned judgment having not suffered from any illegality or irregularity, was not open to exceptionLeave to appeal was refused by Supreme Court to accused in circumstances. Aminul Hoque v. Crown PLD 1952 FC 63; Safdar Ali v. The Crown PLD 1953 FC 93; Muhammad Aslam v. Crown PLD 1953 FC 115; AsirudDin Chaudhry v. The Crown PLD 1953 FC 125; Abdus Sattar v. The Crown PLD 1954 FC 120; Anwar and another v. The Crown PLD 1955 FC "185; Chutto v. The State PLD 1958 (W.P.) Kar. 18; Abdul Rashid v. The State PLD 1962 SC 249; Basanta Kumar Chaudhry v. The State PLD 1962 Dacca 61 and Mir Ahmed v. The State PLD 1962 SC 489 ref. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J. Leave is sought against the judgment of the High Courtof Sindh, Karachi dated 2162000, passed in Accountability Appeal No.3 of 2000: 2. The facts, in brief, are that Accountability Court No.IV, Karachi, while deciding Reference No.3 of 2000 (old Reference No. 16 of 1997) convicted the -Petitioners for offences under section 4 of the Ehtesab Act, 1997 read with section 10 of the NAB Ordinance and sentenced each of them to undergo 5 years' R.I., vide judgment dated 1242000. 3. Feeling aggrieved, the -Petitioners filed Criminal Appeal No.3 of 2000, under section 32 of the National . Accountability Bureau Ordinance, -1999, in the High Court of Sindh, Karachi. After hearing the learned counsel for the parties, the learned Division Bench allowed the appeal and remanded the case to the trial Court with following observations: "...............Obviously there is a substantial distinction in the position of instigator/abettor as compared to that of a mere beneficiary and the trial Court was required to take these questions into consideration before…

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