Agha SIRAJ KHAN DURRANI vs NATIONAL ACCOUNTABILITY BUREAU Ss — 2022 PCrLJ 722 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 722 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: Agha SIRAJ KHAN DURRANI vs NATIONAL ACCOUNTABILITY BUREAU Ss
Subject matter: Criminal

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

Agha SIRAJ KHAN DURRANI VS NATIONAL ACCOUNTABILITY BUREAU Ss. 9(a)(v) & 9(b)--- Constitution of Pakistan, Art. 199---Pre-arrest bail, grant of---Further inquiry, case of---Petitioners were family members of principle accused who were alleged to have involved in the offence---Validity---To decide a question of entitlement of an accused to relief of pre-arrest in a pending case, not only element of malice on the part of complainant or prosecution but merits of the case were to be looked into---If case of accused on merits was found to entail further inquiry into his guilt and there were no reasonable grounds to believe that he was involved in reported offence, accused was to be extended such relief irrespective of the fact whether or not there was any material indicating malice on the part of prosecution or complainant to implicate him in the case---No apparent element of malice on the part of NAB to implicate petitioners i.e. family members of principal accused, but on merits they had a good case for consideration---Pre-arrest bail was allowed, in circumstances.

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