MAQBOOL AHMED MAHESSAR vs NATIONAL ACCOUNTABILITY BUREAU (NAB) S — 2021 SCMR 1166 SUPREME-COURT

Case information

Citation: 2021 SCMR 1166 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MAQBOOL AHMED MAHESSAR vs NATIONAL ACCOUNTABILITY BUREAU (NAB) S
Subject matter: Criminal
Provisions referred to: S. 9---C

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

MAQBOOL AHMED MAHESSAR VS NATIONAL ACCOUNTABILITY BUREAU (NAB) S. 9---Constitution of Pakistan, Art. 199---Corruption and corrupt practices---Pre-arrest bail---Petitioners, who were arrayed as accused persons in different National Accountability Bureau (NAB) references had been admitted to pre-arrest bails with a direction to furnish deposits equivalent to the amounts allegedly embezzled by them at the cost of public exchequer---Legality---Such directions for release of an accused on bail were ultra vires the law---Accused seeking bail desired transfer of his custody from Superintendent of the Jail, where he was confined, to his surety who undertook his production as and when required by the Court and for that he had to make out a case in accordance with the law applicable thereto; he could not be allowed or required to barter his freedom---Petitions for leave to appeal were converted into appeals and allowed; impugned orders were set aside with the directions that petitioners shall remain on ad-interim bail, while the bail petitions filed by them before the High Court shall be deemed as pending for decisions afresh.

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