AMIR AKBER KHAN vs NATIONAL ACCOUNTABILITY BUREAU Ss — 2022 PLD 440 KARACHI-HIGH-COURT-SINDH

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AMIR AKBER KHAN VS NATIONAL ACCOUNTABILITY BUREAU Ss. 9(b), 18(e) & 24(a)---Criminal Procedure Code (V of 1898), Ss. 91, 204 & 497---Constitution of Pakistan, Art. 199---Release of accused on bail---Warrants of arrest, non-issuance of---Execution of bond to appear---Scope---Petitioners were accused persons facing proceedings under National Accountability Ordinance, 1999, who sought their release on bail after execution of bond under S.91, Cr.P.C. for their appearance in Court---Validity---Process to cause attendance of accused after filing of Reference was issued in terms of S.204, Cr.P.C.---Offences under National Accountability Ordinance, 1999,were non-bailable and Court had no authority to attend to a question of bail and consider existence or otherwise of reasonable grounds against accused for such relief---Court was to issue warrants in first instance and on appearance of accused commit him to custody---In certain cases Court could incline to think it fit to adopt different course in non bailable offences and issue summons instead to secure attendance of accused---In NAB cases with sufficient material connecting accused with alleged offence, were at least not the ones justifying approval of such a step to seek his presence through---After accused appeared voluntarily or in compliance of such process, Accountability Court could not release him on his mere willingness to execute a bond under S.91, Cr.P.C. undertaking to appear on next date---Court was to commit accused to custody till his acquittal by it or till in his favour a bail granting order was delivered by High Court or by Supreme Court---Non-issuance of a direction/warrants against accused by Chairman NAB, for any reason including his being on pre-arrest bail granted to him during enquiry or investigation (subsequently recalled), whose authority was to last only till filing of the reference, was not a legal bar for Accountability Court to exercise jurisdiction otherwise bestowed on it by Criminal Procedure Code, 1898, to regulate appearance of accused accordingly---High Court directed the office to fix Constitutional petitions filed by petitioners seeking bail in circumstances.

AMIR AKBER KHAN vs NATIONAL ACCOUNTABILITY BUREAU Ss — 2022 PLD 440 KARACHI-HIGH-COURT-SINDH

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