JUMA KHAN vs DIRECTOR GENERAL NATIONAL ACCOUNTABILITY BUREAU BALOCHISTAN, QUETTA S — 2023 PCrLJ 78 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 78 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: JUMA KHAN vs DIRECTOR GENERAL NATIONAL ACCOUNTABILITY BUREAU BALOCHISTAN, QUETTA S
Subject matter: Criminal
Provisions referred to: S. 9---C

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

JUMA KHAN VS DIRECTOR GENERAL NATIONAL ACCOUNTABILITY BUREAU BALOCHISTAN, QUETTA S. 9---Constitution of Pakistan, Art. 199--- Corruption and corrupt practices---Pre-arrest bail, grant of---Private person---Scope---Accused sought concession of pre-arrest bail in an enquiry/investigation initiated by the National Accountability Bureau (NAB)---Accused was alleged to have excavated sand without authorization/permission---Held; accused was an authorized contractor of Mines and Minerals Department and he was authorized/permitted by the Department for mining of sand and bajri over an area of 100 acres of land---Pleas of prosecution and defence agitated at bar were to be examined at final stage by the Trial Court after recording of evidence and forming of such an opinion before commencement of trial was against the norms of criminal justice--- Accused was a private person holding no public office and the proceedings had been initiated against him on the basis of a private complaint, as such, the question of mala fide on the part of complainant and possibility of false implication could not be ruled out and the case of prosecution qua the guilt of the accused required further probe---Accused had appeared before the Investigating Officer and his physical custody was not required by the Investigating Officer---Petition for grant of pre-arrest bail was allowed.

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