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

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