CHAIRMAN NAB through Prosecutor General Accountability, NAB HQ Shahrah-e-Jumhuriat, G-5/I, Islamabad vs ZAHOOR TAJ S — 2021 PCrLJ 1420 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 1420 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: CHAIRMAN NAB through Prosecutor General Accountability, NAB HQ Shahrah-e-Jumhuriat, G-5/I, Islamabad vs ZAHOOR TAJ S
Subject matter: Criminal
Provisions referred to: S. 9; S. 265-K; S. 245; S. 342; S. 248-A; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CHAIRMAN NAB through Prosecutor General Accountability, NAB HQ Shahrah-e-Jumhuriat, G-5/I, Islamabad VS ZAHOOR TAJ S. 9(a)(vi)---Criminal Procedure Code (V of 1898), Ss. 245, 249-A & 265-K---Misuse of authority---Appeal against acquittal---Evidence, non-recording of---Right to produce evidence---Accused persons were acquitted by Trial Court in exercise of S. 265-K, Cr.P.C. prior to recording of any prosecution evidence---Validity---No bar of limitation existed to trial or stage of proceedings for filing an application for acquittal of accused but propriety required that fair opportunity should be provided to prosecution to prove its case by producing evidence---Matter was to be decided on merits as envisaged under S. 245, Cr.P.C. after providing proper opportunity to prosecution for producing its evidence and recording statements of accused persons under S. 342, Cr.P.C.---High Court directed that in cases of corruption and misappropriation of public money, Courts were required to act with extreme care and caution in deciding such cases and should not proceeded hastily in acquitting accused persons involved therein either under S. 248-A or 265-K, Cr.P.C. as the case could---Trial Court was to provide prosecution every possible opportunity to prove its case and establish guilt of accused after full-fledged trial---High Court set aside judgment of acquittal and remanded the matter to Trial Court for decision afresh after recording of evidence---Appeal was allowed accordingly.

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