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KHAN HAROON RESIKH versus THE STATE


Article 9 Constitution of Pakistan (1973), Article 199 Constitutional application bail, the accused's grant, a government employee, was behind bars for more than a year. The reference was filed in February 2002 against the accused and was not even charged. There was no allegation that the adjournment was sought by the accused or his lawyer. The allegations against the accused were mostly related to violation of some principle but were not denied as far as the allegations are concerned, most orders were approved by authorized authorities. Acquiring only property was not a crime; a crime was established when the accused fails to account for these properties. Such practice of rendering property disproportionate to well-known sources of income for the accused and the recording of defensive evidence would be sufficient to dismiss the allegations. The provision of Section 16 (a) of the Ordinance mandates a trial within thirty days so the defendant will not be contracted for indefinite period of detention and the wife of the accused was seriously ill and the accused's minor. Children were guaranteed. The High Court has granted the accused with two guarantees of Rs. 10,000 each under their free land, so in the case of trial, the complainant's passport will be handed over to the trial court. It will not be granted without the leave of the High Court

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