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ZEESHAN vs FEDERATION OF PAKISTAN through Chairman, National Accountability Bureau S — 2022 YLRN 156 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 156 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ZEESHAN vs FEDERATION OF PAKISTAN through Chairman, National Accountability Bureau S
Subject matter
Criminal
Provisions referred to
S. 9

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

ZEESHAN VS FEDERATION OF PAKISTAN through Chairman, National Accountability Bureau S. 9(a)(v) & (b)---Constitution of Pakistan, Art. 199--- Constitutional petition---Bail, grant of---Assets beyond known sources of income---Non-framing of charge---Delay in conclusion of trial---Long list of prosecution witnesses---Petitioners were arrested by National Accountability Bureau (NAB) and were in judicial custody for more than 15 months while no charge was framed---Validity---Sixty four prosecution witnesses were to be examined, numerous documents to be exhibited and 12 accused each having separate right of cross-examination in respect of each and every witness---Trial was not likely to be concluded in near future which factor also tilted in grant of post arrest bail in favour of accused persons---Case of accused persons was one of further inquiry---Accused persons were not needed for further investigation in reference---Evidence in the reference was mainly of documentary nature---Such was difficult for petitioners to tamper with the documents which had been in the custody of NAB---In cases concerning assets beyond known sources of income it was incumbent upon investigating officer to carry out a thorough and professional inquiry/ investigation and would ensure that all legal ingredients of offence were met with---Perceptions and suspicions could never replace cogent, reliable and admissible evidence---High Court pointed out with regret that investigating officer had carried out most of his investigation while sitting in his office and mainly relied on income tax assets declarations of accused persons whereas he was to take an active and dynamic role in the investigation---Bail was allowed, in circumstances.

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