Law: Constitution of Pakistan, 1973

Section: 199

Law: National Accountability Ordinance, 1999

Section: 10

National Accountability Ordinance (XVIII of 1999)-------S. 10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Bail, refusal of---Accused according to the report of the Medical Board was suffering from chronic backache, Hepatitis-C and gastritis and needed to continue his treatment---Certain repeated blood tests, liver function tests and regular physical therapy for long period, were necessary for proper treatment of the said ailments of the accused---Such monitoring and treatment did not appear to be available in Jail premises---Report of the Medical Board however, did not say that the continued confinement of accused in Jail, per se, was detrimental to his life---Accused was not entitled to be enlarged on bail at this stage, but it was directed that on no account he would be deprived of requisite and proper medical treatment and for that purpose he might be moved to the Services Hospital as an indoor patient, if necessary, to guarantee the proper medical care---Bail was declined to accused in circumstances. Shahbaz-ud-Din Chaudhry v. N.A.B. and others (Writ Petition No.10234 of 2005) and The State v. Haji Kabeer Khan PLD 2005 SC 364 ref. Shahbazuddin Chaudhry and another v. State PLD 2004 SC 785 rel. ORDER Through this constitutional petition it has been prayed that the petitioner who is an accused in a N.A.B. reference pending before the Accountability Court No.V, Lahore be enlarged on bail after arrest. 2. It is contended that the allegations against the petitioner are factually incorrect and in the facts and circumstances no case is made out against the petitioner. It is further contended that the petitioner is suffering from various ailments including backache, hepatitis-C and ulcers which cannot be satisfactorily treated within the Jail premises. 3. As directed by this Court report and parawise comments have been filed by the respondents, who have taken the plea that the petitioner who was posted as Land Acquisition Collector, Punjab Highway Department, Lahore, criminally misappropriated a sum of Rs.10,00,000 by releasing it to a co-accused without following the provisions of Land Acquisition Act, 1894 and such act constitutes'…

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