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ROSHAN ALI KANASIRO vs FEDERATION OF PAKISTAN Ss — 2023 YLRN 37 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 37 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
ROSHAN ALI KANASIRO vs FEDERATION OF PAKISTAN Ss
Subject matter
Criminal

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

ROSHAN ALI KANASIRO VS FEDERATION OF PAKISTAN Ss. 9 (a)(vi) & 9(b)---Constitution of Pakistan, Art. 199--- Constitutional petition---Bail, refusal of---Misuse of authority---Evidence, assessment of---Prima facie case---Petitioners were officials of Sindh Tourism Development Corporation who were alleged to have misused their authority in grant of contracts and causing loss to government exchequer--- Validity--- Most of the petitioners were leveling allegations against one another and some of them admitted that they did not carry out any work---Company and bank accounts were used by others while receiving amounts from government in place of contractors---Trial Court was to decide after recording of evidence of witnesses as to who misappropriated alleged amount---High Court had no jurisdiction to decide such controversy while exercising extra-ordinary Constitutional jurisdiction---Relief claimed by petitioners through Constitutional petition was a relief for which no provision existed in relevant laws for which petitioners were charged---Only High Court by invoking extraordinary Constitutional jurisdiction could grant such relief very sparingly in rare and exceptional circumstances for valid reasons to be recorded in writing---Bail could not be granted unless there was mala fide on the part of complainant or investigating agency---Petitioners failed to point out any mala fide by NAB against any of the petitioners---Elaborate sifting of evidence could not be made but only a tentative assessment was permissible---Cursory glance of record showed that all petitioners in connivance with one another misappropriated huge amount of money from government exchequer---Bail was refused, in circumstances.

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