| Citation(s) |
|---|
| 2007 SLG 1541 2007 SLD 1541 2007 SCMR 1958 |
Supreme Court of Pakistan
C.P. No.560 of 2007, decision dated: 29-06-2007
RANA BHAGWANDAS, ACTG. C.J. AND NASIR-UL-MULK, J
Nazar Akbar, Advocate Supreme Court and Raja Abdul Ghafoor Advocate-on-Record for Petitioner. Dr. Muhammad Asghar Rana, A. D.P.G. NAB for
Respondent
C.P. No.560 of 2007, decision dated: 29-06-2007
RANA BHAGWANDAS, ACTG. C.J. AND NASIR-UL-MULK, J
Nazar Akbar, Advocate Supreme Court and Raja Abdul Ghafoor Advocate-on-Record for Petitioner. Dr. Muhammad Asghar Rana, A. D.P.G. NAB for
Respondent
NADEEM MAJEED
VS
THE STATE and others
Law:
Section:
(a) National Accountability Ordinance (XVIII of -1999)--- ----S. 18---Constitution of Pakistan (1973), Art.185(3)---Cognizance of offence---Scheduled offence committed. by a private person---Jurisdiction of National Accountability Bureau---Scope---Leave to appeal was granted by Supreme Court to consider the questions of law that whether the National Accountability Bureau could assume jurisdiction in relation to scheduled offences committed by private persons having no nexus with any public office or a public service; that whether the -Petitioner could be proceeded against by National Accountability Bureau in the absence of any allegation. of abetment or connivance with a person holding public office or discharging his functions in connection with the affairs of Federation or the Provinces and that whether arrest of the -Petitioner and assumption of jurisdiction on private complaint of a citizen was illegal, mala fide and without jurisdiction. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---National Accountability Ordinance (XVII of -1999), S.18---Penal Code (XLV of 1860), Ss.408 & 420---Bail, grant of---Accused, in the present case, .having made out a fit case for the grant of bail in the peculiar facts and the circumstances of the case, bail could not be withheld by way of punishment---Reasonable grounds were available to believe that accused could not be ultimately found guilty of the charges against him---Leave to appeal having already been granted to examine question of jurisdiction of National Accountability Bureau as an interim relief, direction was issued to release the accused on bail. JUDGMENT RANA BHAGWANDAS, ACTG. C.J.--- -Petitioner is aggrieved by Balochistan High Court judgment, dated 17-5-2007 dismissing his writ petition calling into question the registration of F.I.R. No.163 of 2006 at Police Station Brewery, Quetta on 28-11-2006 on the basis of order, dated 27-11-2006, passed. by learned Additional Sessions Judge, Quetta, and declaration that the NAB Authorities at Quetta had no jurisdiction to take cognizance of the offence, to arrest the -Petitioner and. to put him behind the bars .for the offences under sections 408 and 420,…
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