2003 PLP 729 (MLD)
HASSAN RAZA‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 2003 PLP 729 (MLD) |
| Forum / Court | Karachi |
| Bench Members | S.A. Rabbani and Ghulam Rabbani, JJ |
| Parties | HASSAN RAZA‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2003 PLP 729 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 729 (MLD)?
The case was heard and decided by the Karachi bench comprising: S.A. Rabbani and Ghulam Rabbani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 729 (MLD) (HASSAN RAZA‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 7th March, 2002.
Headnotes / Summary
‑‑‑‑S.497‑‑‑National Accountability Bureau Ordinance (XVIII of 1999), Ss. 10(b) & 18‑‑‑Bail, grant of‑‑‑Main charge against one of the co‑accused was that he acquired property of value beyond his known means of income‑‑‑Contention of accused was that he purchased the property in his own name and for that purpose he had borrowed money from the co accused and that it was not property of the co‑accused purchased in name of the accused‑‑‑Case of accused did not appear to fall within definition given in Cl.(b) of S.10 of National Accountability Bureau Ordinance, 1999 and a case of purchase of property by any person in his own name through borrowing from a person involved in corrupt practice, was not covered by the said provision of law‑‑‑One of co‑accused involved in such‑like cases was granted bail and case of accused did not appear to be materially different from case of said co‑accused‑‑‑Accused was admitted to bail, in circumstances. Abdul Haleem Siddiqui alongwith Abdul Qayoom Abbasi for Applicant. Aamir Raza Naqvi, A. D. P. G. A, for NAB.
Judgment & Decree
Abdul Haleem Siddiqui alongwith Abdul Qayoom Abbasi for Applicant. Aamir Raza Naqvi, A. D. P. G. A, for NAB. Date of hearing: 7th March, 2002. The applicant is one of the accused persons in Accountability 'Reference No.39 of 2001. Main charge in that reference is against Iqbal Ahmed Turrabi and the charge is that he acquired property of value beyond his known means of income and he acquired the property in his own name as well as in the name of co‑accused person including the present applicant. The property in the name of present applicant is Flat No.N‑4, Falalnaz Centre Sharah‑e‑Faisal, Karachi of the value of Rs.20,00,
000. Mr. Abdul Haleem Siddiqui, learned counsel for the applicant, submits that the flat has been purchased to the present applicant in his own name and for that purpose he borrowed money from Iqbal Ahmed Turrabi. He submits that it is not the property of Iqbal Ahmed Turrabi purchased in the name of the applicant. Mr. Amir Raza Naqvi, learned Advocate representing the NAB opposes the bail plea and submits that the flat has been purchased by Iqbal Ahmed Turrabi and he paid Rs.16,00,000 which is admitted by the applicant as mentioned in the statement reproduced in his bail application. The statement of the applicant reproduced in the bail application mentions that Iqbal Ahmed Turrabi had paid Rs.16,00,000 which he would adjust from the applicant subsequently. From the statement, it appears that it was borrowing by the applicant for purchase of the flat which is in his own name. Mr. Amir Raza Naqvi relied upon clause (b) of section 10 of the National Accountability Bureau Ordinance, 1999. The case of the present applicant does not appear to fall within the definition given in this clause and a case of purchase of property by any person in his own name through borrowing from a person involved in corrupt practices is not , covered by the provision. Co‑accused Ziauddin also claimed that property in his name was his own property, and he has been granted bail in this case. Case of the present applicant does not appear to be materially different from the case of that co accused. The applicant is therefore, admitted to bail subject to furnishing C surety in the sum of Rs.500,000 (Rupees five lac only) and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court. Applicant shall appear before the trial Court on the dates of hearing. Findings hereinabove are tentative and will not prejudice the case of prosecution under trial. H.B.T./H‑87/K Bail granted.