NATIONAL ACCOUNTABILITY BUREAU vs Agha SIRAJ KHAN DURRANI S — 2021 PLD 756 SUPREME-COURT

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NATIONAL ACCOUNTABILITY BUREAU VS Agha SIRAJ KHAN DURRANI S. 498---National Accountability Ordinance (XVIII of 1999), S. 9(b)---Corruption and corrupt practices---Pre-arrest bail, grant of---Scope---In National Accountability Bureau (NAB) references/cases an accused could only be granted pre-arrest bail if he demonstrated that his arrest was being sought for mala fide purposes for example to humiliate him. Citation Name: 2021 PLD 756 SUPREME-COURTBookmark this Case NATIONAL ACCOUNTABILITY BUREAU VS Agha SIRAJ KHAN DURRANI S. 497---National Accountability Ordinance (XVIII of 1999), S.9(b)---Corruption and corrupt practices---Post-arrest bail, grant of---Scope---In National Accountability Bureau (NAB) references/cases the concession of post-arrest bail could be granted to an accused on the basis of principles applicable to S.497, Cr.P.C. Citation Name: 2021 PLD 756 SUPREME-COURTBookmark this Case NATIONAL ACCOUNTABILITY BUREAU VS Agha SIRAJ KHAN DURRANI Ss. 497 & 498---National Accountability Ordinance (XVIII of 1999), S.9---Corruption and corrupt practices---Post-arrest and pre-arrest bail granted by High Court without considering the criteria under S.497(2), Cr.P.C.---Held, that rather than addressing the considerations/ criteria for bail provided under S.497(2), Cr.P.C, the High Court granted post-arrest bail to accused by focusing wholly on the alleged procedural and legal lapses committed by National Accountability Bureau (NAB) in the 'defective and perfunctory investigation' carried out against the accused---High Court ought to have perused the incriminating material, if any, on the record to evaluate whether the two-fold test for grant of post-arrest bail, provided in S.497(2), Cr.P.C, was satisfied---High Court failed to apply its judicial mind to the said applicable criteria and the relevant material, thereby committing a serious error---Similarly while granting pre-arrest bail to co-accused persons the High Court barely touched upon the case against them, and instead relief of anticipatory bail was predominantly granted to them because they were treated as the front men of accused, who had already been extended bail---Confirming the extraordinary relief of pre-arrest bail to co-accused persons on a cursory basis contravened the settled principles (on bail) laid down by the Superior Courts---Impugned judgments of the High Court, whereby post-arrest and pre-arrest bails were granted to accused and co-accused persons respectively, were set-aside and matter was remanded to the High Court for a fresh decision in accordance with the settled law of bail---Petitions for leave to appeal were converted into appeals and allowed.

NATIONAL ACCOUNTABILITY BUREAU vs Agha SIRAJ KHAN DURRANI S — 2021 PLD 756 SUPREME-COURT

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