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KHALID HUMAYUN versus THE NAB THROUGH D.G. QUETTA

iSi 9 and 24 (d) ruption Corruption and Corruption Procedure - Bail, Denial - Has been charged in its capacity because the provincial government adviser has been accused of being allocated for development projects. The app has been used illegally by a large amount of walleye. The idea was filed by the National Accountability Bureau, despite a nine-month hiatus, and that the bureau could not postpone it indefinitely - for reviewing the prima that the first suspect had accused Used, was available on record quite a lot. The option to proportionalize yourself and many people even included it as a real beneficiary of a poor amount.

PLD 2017 Supreme Court 194

Present: Dost Muhammad Khan, Qazi Faez Isa and Maqbool Baqar, JJ

KHALID HUMAYUN—Petitioner

versus

The NAB through D.G. Quetta and others—Respondents

Civil Petition No.3912.of 2016, decided on 22nd February, 2017.

(Against the judgment dated 1-12-2016 of the High Court of Balochistan, Quetta passed in C.P,No.760 of 2016).

(a) National Accountability Ordinance (XVIII of 1999)—

—Si. 9 & 24(d)—Corruption and corrupt practices—Bail, refusal of— Accused in his capacity as the Finance Advisor to the Provincial Government was alleged to have misappropriated huge sums of tnoney that was allocated for development projects—Plea of accused that noreference against him had been filed by National Accountability Bureau despite lapse of nine months, and that the Bureau could not keep the same pending for an indefinite period—Validity—Sufficient prima facie material was available on record to suggest that the accused had exercised his authority to enrich himself and a number of persons had also implicated him as the principal beneficiary of the defalcated amounts—Petition for leave to appeal was dismissed and bail was refused accordingly, [p. 199] A

(b) National Accountability Ordinance (XVIII of 1999)—

—S. 9—Corruption and corrupt practices—Bail, refusal of—Medical grounds—Accused in his capacity as the Finance Advisor to the Provincial Government was alleged to have misappropriated huge sums of money that was allocated for development projects—Plea of accused that he was entitled to bail on medical grounds—Validity—Medical Board and the doctor had not opined that the accused}s continued incarceration would prove detrimental to his life or health—Accused was 40 years old, at which age generally a person did not have serious ailments; and there was nothing on record to show his preincarceration ailment—Medical Board had noted that the dorso-lumbar spine of the accused had developed “wild diffuse bulging” of two discs and had recommended further examination through a DEXA scan machine, however, as said machine was not available in the province, the Medical Board had suggested that he be referred to a hospital in another province for such purpose—Accused, if so advised, could move an application to the Trial Court and the Trial Court could make suitable arrangements for his transportation to the other province where he could be taken for a few days for such examination and then returned—Petition for leave to appeal was dismissed and bail was refused accordingly. [p. 199] B

Date of hearing: 14th February, 2017.

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