HUSSAIN LAWAI vs State S — 2022 MLD 405 ISLAMABAD

Case information

Citation: 2022 MLD 405 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: HUSSAIN LAWAI vs State S
Subject matter: Criminal
Provisions referred to: S. 9---C; Anti-Money Laundering Act (VII of 2010)

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

HUSSAIN LAWAI VS State S.9---Constitution of Pakistan, Art.199---Anti-Money Laundering Act (VII of 2010), Ss. 3 & 4---Constitutional petition---Corruption and corrupt practices---Offence of money laundering---Bail, grant of---Rule of consistency---Delay in conclusion of trial---Scope---Allegation against accused was that he played a key role as President of a bank in preparation of fraudulent proposal, in the approval of loan facility for a company, in line with the plan of the then President of Pakistan---Approval of the projected proposal was also shared with the National Bank of Pakistan which was owned by Government of Pakistan and the same resulted in withdrawal of equity---Accused had also taken illegal gratification for the purchase of a house in the name of his wife---Held; accused suffered from several diseases---All the accused persons arrested in the case had been released on bail after arrest, hence, the accused was also entitled for the grant of bail after arrest on the principle of consistency---Entire case depended on documentary evidence which had already been collected by the investigating agency---Prosecution had failed to satisfy the Court that the inordinate delay in conclusion of trial was not partly attributed to it---Constitutional petition was allowed and the accused was admitted to post-arrest bail, in circumstances.

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