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SAIF UR REHMAN KHAN vs CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU, NAB HEADQUARTER, ISLAMABAD Ss — 2022 CLD 413 SUPREME-COURT

Case information

Citation
2022 CLD 413 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
CLD
Parties
SAIF UR REHMAN KHAN vs CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU, NAB HEADQUARTER, ISLAMABAD Ss
Subject matter
Criminal
Provisions referred to
S. 9---C; S. 498---S; National Accountability Ordinance (XVIII of 1999); 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

SAIF UR REHMAN KHAN VS CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU, NAB HEADQUARTER, ISLAMABAD Ss. 264(3) & 500---Constitution of Pakistan, Art. 185---National Accountability Ordinance (XVIII of 1999), S. 9---Criminal Procedure Code (V of 1898), S. 498---Supreme Court deciding petitions for leave to appeal filed against short orders of the High Court, in circumstances where High Court had not yet given the detailed reasons for its short orders---Propriety---In the present matter the High Court had not yet given the detailed reasons in support of the impugned short orders---Although the Supreme Court ordinarily waits for the detailed reasons before deciding the appeals or the petitions for leave to appeals filed against the short orders passed by the High Courts, but the peculiar facts and circumstances of a case, as those of the present case, may justify departure from this rule of practice and propriety, which is neither a rule of law nor is an absolute one and, like most of the rules, admits exception(s)---Present case involves a bail matter, which is usually considered as an urgent one; the arguments advanced by counsel for the parties mainly relates to the scope and applicability of certain legal provisions, and not to deep appraisal of the disputed facts and the evidence thereon; and the Supreme Court having heard the arguments of counsel for the parties in detail and perusing the material available on record with their able assistance, had reached a conclusion which is no different from the one arrived at by the High Court in its short orders---In such circumstances, it was not necessary to wait for the detailed reasons to be given by the High Court in support of the impugned short orders before pronouncing the present decision---Petitions for leave to appeal were dismissed and leave was refused.

Other judgments reported in 2022 CLD

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