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---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---Accused under National Accountability Ordinance, 1999, against whom Chairman NAB did not issue any permission/direction to arrest, but against whom reference was filed, when such accused had appeared or was brought before Accountability Court pursuant to a process issued under S.204, Cr.P.C., whether summons, bailable warrants or non-bailable warrants, such accused was required by the Court to execute a bond with or without sureties under S.91, Cr.P.C. to assure his appearance before the Court---Power under S.91, Cr.P.C. was not available for an accused who appeared before Accountability Court on bail, except where he was on bail against warrants issued to compel his appearance in Court---If accused under National Accountability Ordinance, 1999,was denied pre-arrest bail, such accused was exposed to arrest by NAB either under S.24(a) National Accountability Ordinance, 1999, if such direction had been issued prior to the Reference, or under S.24(c) National Accountability Ordinance, 1999, if a direction for his arrest was given after the Reference---If accused was so arrested then S.91, Cr.P.C. was not available when accused was brought before Accountability Court---On rejection of petition for pre-arrest bail, if there was no direction for arrest pending under S.24(a) National Accountability Ordinance, 1999, nor was one subsequently issued under S.24(c) National Accountability Ordinance, 1999, such accused was required by Accountability Court to execute a bond with or without sureties under S.91, Cr.P.C. to assure his appearance before the Court.

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

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