This
question was also dealt with by the apex
Court in case title ‘Tallat Ishaq v. National
Accountability Bureau through Chairman and
others’ (PLD 2019 SC 112) wherein their
lordships ruled:
(d) In an appropriate case through
exercise of its jurisdiction under Article
199 of the Constitution of Islamic
Republic of Pakistan, 1973 a High Court
may grant bail to an accused person
arrested in connection with an office
under the National Accountability
Ordinance, 1999 and section 9(b) of the
said Ordinance does not affect the
jurisdiction of a High Court conferred
upon it by the Constitution. The
Constitutional Jurisdiction of a High
Court is, however, an extraordinary
jurisdiction meant to be exercised in
extraordinary circumstances and not in
run of the mill cases or as a matter of
course.
(e) ………….
(f) Ordinarily bail is allowed to an
accused person on the ground of delay
only where the delay in the trial or the
period of custody of the accused person
is shocking, unconscionable or
inordinate and not otherwise. The
primary consideration for grant of bail
on the ground of such delay is undue
hardship and more often than not prima
facie merits of the case against the
accused person are also looked into
before admitting him to bail on the
ground of delay.
Used in Judgment of
LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT
| Criminal Proceedings 35056/19
|
0 Comments