MUHAMMAD TAIMUR vs CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU NAB HEADQUARTERS, ISLAMABAD Ss

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MUHAMMAD TAIMUR VS CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU NAB HEADQUARTERS, ISLAMABAD Ss. 9 & 10---Constitution of Pakistan, Art. 185(3)---Cheating public at large through an online ponzy scheme---Bail conditions, propriety of---Bail was granted to accused by High Court on the ground of delay in conclusion of trial subject to the accused surrendering his passport and the Cryptocurrency code to the Investigating Officer of the National Accountability Bureau ('Bureau'), and name of accused was also ordered to be placed on the Exit Control List---Propriety---When the court comes to the conclusion that the accused is entitled to be released on bail then in such eventuality the grant of bail cannot be made subject to any rider or condition that would render the concession of bail granted by the court as ineffective or redundant---Even if bail is to be granted subject to conditions then they must not be unreasonable, disproportionate or excessive---Regarding the condition of surrendering the Cryptocurrency code, question as to whether the accused had the ability to access the Cryptocurrency could not have been decided at bail stage because it would require deeper appreciation of evidence, which was yet to be recorded during the trial---Such condition, therefore, appeared to be excessive and unreasonable because it denied the accused the right to liberty granted by the High Court by extending the concession of bail---Moreover, there were more than fifteen hundred witnesses on the list of the prosecution who would be entering the witness box---Early conclusion of the trial, therefore, was not foreseeable---Admittedly, the cellular phone and the sim belonging to accused were seized and they were in the custody of the Bureau---Investigating Officer had stated that if the sim could be blocked it would serve the purpose because in such an event access of the accused to the Cryptocurrency would be denied---Condition of surrendering the code, therefore, was excessive and disproportionate to the purpose which it sought to achieve---Petition for leave to appeal was converted into an appeal and the matter was remanded to the High Court to the extent of reconsidering the condition whereby the accused had been directed to surrender the Crypto currency code, with the direction that the High Court may, inter alia, seek assistance of an expert in order to set out reasonable condition(s) to prevent the accused from having access to the Cryptocurrency.

MUHAMMAD TAIMUR vs CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU NAB HEADQUARTERS, ISLAMABAD Ss — 2023 SCMR 1093 SUPREME-COURT

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