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

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Syed KHURSHEED AHMED SHAH VS State S. 497---National Accountability Ordinance (XVIII of 1999), S. 9(a)(v)---Constitution of Pakistan, Art. 185(3)---Benami assets disproportionate to known sources of income of the accused---Bail, grant of---No sufficient incriminating material was available to show that the properties held by the persons who are not the family members of the accused, but are alleged to be his benamidar, are actually of the accused---National Accountability Bureau ('the Bureau') failed to point out any material, which could reasonably show that the properties alleged to be held by the accused, in name of other persons, as his benamidar, are in his actual or constructive possession and/or he receives the profits of those properties---So far as the value of the assets/properties in names of the accused and of his family members are concerned, the Bureau has determined the same by rejecting their value mentioned in the registered sale deeds without any solid lawful basis, to make a case that their assets are disproportionate to their known sources of income---Further it has not been specified whether the value determined by the Bureau is that of the time when the said properties were purchased by the petitioner and his family members, or the same is their current value---As for the transactions of amount credited and debited in the Bank accounts of the accused and his family members, the accused has taken the stance that all the said accounts are disclosed and accounted for in their annual income tax returns and declarations of assets, and the Bureau has not pointed out any material available on record to rebut that stance of the accused---Thus no tangible, sufficient incriminating material was available on record of the case against the accused which would lead to inference of his guilt for commission of the offence alleged against him; there are, therefore, at present stage no reasonable grounds for believing that the accused is guilty of the alleged offence---Petition for leave to appeal was converted into appeal and allowed, and the accused was released on bail with the observations that in a case where the Bureau has been unable to show sufficient incriminating material to the Court to justify the detention of the accused, depriving the accused of his liberty and freedom even for a single day is, to say the least, unconscionable and below human dignity.

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

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