Syed KHURSHEED AHMED SHAH vs State Ss — 2022 PLD 261 SUPREME-COURT

Case information

Citation: 2022 PLD 261 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: Syed KHURSHEED AHMED SHAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 497; Criminal Procedure Code (V of 1898); National Accountability Ordinance; NAB Ordinance

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

Syed KHURSHEED AHMED SHAH VS State Ss. 9 & 10---Constitution of Pakistan, Arts. 9, 10, 10A, 14(1) & 185(3)---Criminal Procedure Code (V of 1898), S. 497---Person accused of an offence under the National Accountability Ordinance, 1999 ('NAB Ordinance')---Bail---Tentative assessment of the material available on record to decide whether there is, or is not, available on record such incriminating material which provides reasonable grounds for believing that the accused is guilty of the alleged offence---Scope---Said standard of making tentative assessment of the material available on record for deciding the question of detaining an accused in prison, or releasing him on bail, during his trial for the alleged offence under the NAB Ordinance is not borrowed from S.497, Cr.P.C. rather, it emanates from the fundamental rights to liberty, dignity, fair trial and protection against arbitrary detention guaranteed by the Constitution and from the operational scheme of the NAB Ordinance---Said Constitutional standard of "reasonable grounds" for depriving a person from his said fundamental rights is to be read in all laws dealing or interfering with his liberty---Material on which tentative assessment is to be made by the court includes material both for and against the accused collected during investigation.

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