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MUHAMMAD IBRAHIM vs FEDERATION OF PAKISTAN through DG NAB, Sindh Ss — 2022 SCMR 1124 SUPREME-COURT

Case information

Citation
2022 SCMR 1124 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
MUHAMMAD IBRAHIM vs FEDERATION OF PAKISTAN through DG NAB, Sindh Ss
Subject matter
Criminal
Provisions referred to
S. 498---N; S. 9; National Accountability Ordinance (XVIII of 1999)

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

MUHAMMAD IBRAHIM VS FEDERATION OF PAKISTAN through DG NAB, Sindh Ss. 18(g), 18(e), 24(a) & 24(d)---National Accountability Bureau Reference---Arrest of accused---Pre-requisites---Permission of the Chairman National Accountability Bureau (NAB) or any officer of NAB duly authorized by the Chairman NAB must be obtained by the investigating officer before the accused can be arrested, and there must be reasonable grounds and substance on the basis of which permission to arrest is to be granted. Head NotesCase Description Citation Name: 2022 SCMR 1124 SUPREME-COURTBookmark this Case MUHAMMAD IBRAHIM VS FEDERATION OF PAKISTAN through DG NAB, Sindh S. 498---National Accountability Ordinance (XVIII of 1999), S. 9(a)---Constitution of Pakistan, Art. 185(3)---Ad-interim pre-arrest bail, confirmation of---Housing Society---Fraudulent transfer of plots of original allottees to fake persons and illegal sale of plots to builders---Record revealed that the accused was neither an original member of the Housing Society nor a subsequent fake member of the Society as no plot was transferred by the Society to him---Accused had no active role to play in the Managing Committee of the Society---Name of the accused appeared as a nominee of a co-accused, who was the actual transferee of the plots from the Society, and the accused held 25 plots as a sub-lessee of the co-accused---However, on finding out about the illegalities in the transfer of these plots, the accused surrendered the said 25 plots to the Society through a duly registered deed of surrender---Said plots were not transferred to the building project, hence the allegation in the Reference that the plots were illegally procured by the accused and sold for gain to the project was not supported by the record---No material was available on the record, at present stage, to connect the accused with the violations allegedly committed by the Society or with the alleged illegally elected Managing Committee---Petition for leave to appeal was converted into appeal and allowed, and ad-interim pre-arrest bail granted to the accused was confirmed. Head NotesCase Description

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