Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)-------Preamble---Object and scope of National Accountability Ordinance, 1999--Ordinance was promulgated in order to provide effective measures for detection, investigation, prosecution and speedy disposal of cases involving corruption, corrupt practices, misuse and abuse of power or authority, misappropriation of property, taking kick backs, commissions and for matters connected and ancillary or incidental thereto---Object of National Accountability Ordinance, 1999, in its preamble, is to provide expeditious trial of scheduled offences within the shortest possible time. (b) Criminal trial-------Presence of accused---Object---It is the object of criminal law to ensure availability of accused to face trial and not to punish him for offence allegedly pending final determination by competent Court of law. (c) National Accountability Ordinance (XVIII of 1999)-------Ss.9(a)(iv) & 16(a)---Bail, grant of---Delay in trial-Despite direction for conclusion of trial within a period of ninety days, out of 54 prosecution witnesses, evidence of only 9 could be recorded---Effect---Grant of bail could not be withheld as punishment on accusation of non-bailable offence---Accused was Entitled to expeditious and inexpensive access to justice, which included a right to fair and speedy trial in transparent manner without any unreasonable delay---Such intention had been re-assured in S.16 of National Accountability Ordinance, 1999, laying down criteria for day to day trial and its conclusion within thirty days---Such object did not appear likely to be achieved anywhere in the near future and would not constitute a bar for grant of bail to accused--Truth or otherwise of charges levelled against accused could only be determined at the conclusion of trial after taking into consideration the evidence adduced by both the parties Supreme Court converted petition for leave to appeal into appeal as accused were entitled to grant of bail pending conclusion of trial---Bail was granted. Khan Asfandyar Wali v. Federation of Pakistan PLD 2001 SC 607; Muhammad Saeed Mehdi v. State 2002 SCMR 282 and Aga Jehanzeb v. NAB and others 2005 SCMR…

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