2005 PLP 2432 (YLR)
Mian HISAMUDDIN — Petitioner Versus NATIONAL ACCOUNTABILITY BUREAU through Deputy Prosecutor General and another — Respondents
| Citation | 2005 PLP 2432 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Tariq Parvez Khan and Ijaz-ul-Hassan Khan, JJ |
| Parties | Mian HISAMUDDIN — Petitioner Versus NATIONAL ACCOUNTABILITY BUREAU through Deputy Prosecutor General and another — Respondents |
| Primary Law | National Accountability Ordinance (XVIII of 1999) |
Q1: What are the key laws and sections cited in 2005 PLP 2432 (YLR)?
This judgment primarily cites: National Accountability Ordinance (XVIII of 1999) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 2432 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Tariq Parvez Khan and Ijaz-ul-Hassan Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 2432 (YLR) (Mian HISAMUDDIN — Petitioner Versus NATIONAL ACCOUNTABILITY BUREAU through Deputy Prosecutor General and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Sardar Khan for Petitioner.
- Date of hearing: 14th June, 2005.
- 4. We have heard at length Mr. M. Sardar Khan Advocate, for petitioner, Mr. Riaz Ahmad Khan, D.P.G. for NAB and Mr. Akhtar Naveed, D.A-G. for the State.
Headnotes / Summary
S. 10
Constitution of Pakistan (1973), Art. 199
Constitutional petition--Suspension of sentence and grant of bail
Appeal of accused questioning legality and correctness of his conviction and sentence awarded to him by Judge Accountability Court was pending adjudication in High Court and petitioner by way of Constitutional petition, had sought suspension of sentence awarded to him and grant of bail
Accused had sought suspension of sentence on the ground that he had undergone major portion of his sentence and that lie was `insulin dependant diabetic' and had two heart attract and was suffering unstable cardiac condition
Apart from remission, petitioner was in continuous detention and had undergone major portion of substantive sentence
Petitioner's entire property had been forfeited and same was with the Government
Case for suspending sentence of accused having been made out, High Court directed that sentence of petitioner would remain suspended till final disposal of appeal. Khan Muhammad Mahar v. The State 2003 SCMR 22 and Zulfiqar Ali v. The State 1994 SCMR 548 ref. Riaz Ahmad Khan, D.P.G. and Akhtar Naveed D.A.-G. for the State.
Judgment & Decree
IJAZ-UL-HASSAN KHAN, J.--Mian Hisamuddin petitioner, ex-Deputy General Manager, Pakistan Steel Mills, Karachi, was tried by Judge, Accountability Court No.1, Peshawar. At the conclusion of trial, vide judgment dated 13-5-2005, he was convicted under section 10 of National Accountability Ordinance, 1999 and sentenced to undergo rigorous imprisonment for five years R.I. plus fine of Rs.5,39,06,420, in default, to be recovered as arrears of land revenue. Besides Malakand Oil and Ghee Mills, House No.313, sector G-10/2, Islamabad owned by his wife and house owned his sons in village Thana Malakand Agency have' been ordered to be forfeited to the Government/State.
2. The appeal of the petitioner questioning the legality and correctness of his conviction and sentence is pending adjudication in this Court.
3. The petitioner by way of filing instant writ petition under Article 199 of the Islamic Republic of Pakistan, 1973, seeks suspension of the sentence awarded to him and grant of bail, principally on the A ground that he has undergone major portion of his sentence and is insulin dependant diabetic and has had two heart attacks and is suffering unstable cardiac condition.
4. We have heard at length Mr. M. Sardar Khan Advocate, for petitioner, Mr. Riaz Ahmad Khan, D.P.G. for NAB and Mr. Akhtar Naveed, D.A-G. for the State.
5. Apart from remissions, petitioner is in continuous detention and by now has undergone major portion, of substantive sentence having been arrested on 11-1-2001. It is pertinent to add that petitioner's entire property has been forfeited and the same is now with the government. Keeping in view the cases of Khan Muhammad Mahar v. The State 2003 SCMR 22; Zulfiqar Ali v. The State 1994 SCMR 548; Ghani ur Rehman v. NAB (Ehtesab A.4 of 2001 SC) and Adnan A. Khawaja v. The State (Cr. P. No.281 of 2001 SC), we are of the opinion that case for suspending his sentence is made out. Accordingly, we direct that petitioner's sentence shall remain suspended till the final disposal of his appeal by this Court, subject to his furnishing bail bonds in the sum of Rs. 10 million with two sureties each in the like amount to the satisfaction of Additional Registrar of this Court. Above are the detailed reasons for our short order dated 14-6-2005. H.B.T./456/P?????????????????????????????????????????????????????????????????????????? Sentence suspended.