Grant of bail in such cases must be construed strictly and rigidly.


Under the National Accountability Ordinance, 1999 (No.XVIII of 1999) the august Supreme Court of Pakistan, in the case of “Rai Mohammed Khan v. NAB” (2017 SCMR 1152) has emphasized that the grant of bail in such cases must be construed strictly and rigidly. It has been held by the august Supreme Court of Pakistan in the case of “Rai Mohammed Khan v. NAB” (supra) as under: 
"Under the principle of law and justice, each bail petition is to be decided on its own merits and the law applicable thereto, however, this Court cannot remain oblivious of the undeniable fact that the tendency of corruption in every field, has become a threatening danger to the State economy, striking on its roots. The public money, allocated for social sector and economic well being of the poor people, is consistently embezzled / misappropriated at a large scale and why the majority of the population is deprived of essential daily utilities, like pure drinking water, health care and education facilities, etc. It has become the foremost obligation of each and every institution, including the Judicator, to arrest this monster at this stage, before it goes out of proportion, posing threat to the very survival of the State and State economy, therefore, the Courts shall apply the Anti-Corruption laws somewhat rigidly, once in fact the case is made out, at bail stage, against the accused person. Distinction, however, is to be drawn between the ordinary criminal cases and of corruption on the above analysis and grounds, while dealing with bail matter to an accused person, charged for such like crimes and also at the time of conviction, once the case is proved against him then, Courts are not supposed to show any mercy by taking a lenient view in the matter of sentence." 

Part Of Judgment
THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN 
Writ Petition-Criminal Proceedings-N.A.B
5240-20
2020 LHC 1405

Post a Comment

0 Comments

close