SAAD SUMAIR vs NATIONAL ACCOUNTABILITY BUREAU (NAB) S — 2022 PLD 371 ISLAMABAD

Case information

Citation: 2022 PLD 371 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLD
Parties: SAAD SUMAIR vs NATIONAL ACCOUNTABILITY BUREAU (NAB) S
Subject matter: Criminal
Provisions referred to: S. 9---C; National Accountability 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

SAAD SUMAIR VS NATIONAL ACCOUNTABILITY BUREAU (NAB) S. 9---Constitution of Pakistan, Art. 199---Corruption and corrupt practices---Re-payment of finance---Pre-arrest bail, grant of---National Accountability Bureau (NAB) claimed that the funds from the finance facility were diverted to the use of third parties, which was not the purpose of such facility, as such, the accused was liable to be arrested for the purposes of investigation---High Court observed that flow of funds was fully documented and it was unclear how an offense of corruption or dishonesty was made out under the National Accountability Ordinance, 1999, even where a private company had utilized proceeds from a loan in a manner not contemplated at the time of acquisition of such loan, so far as such company was in a position to settle the loan---At best this would amount to a breach of the terms of the finance facility that would empower the bank to declare that a breach of the terms of the loan had taken place and demand that the loan be settled immediately---Accused was admitted to pre-arrest bail, in circumstances.

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