2004 PLP 660 (SCMR)
SAEEDULLAH SOOMRO and another — Petitioners Versus THE STATE through National Accountability Bureau — Respondent
| Citation | 2004 PLP 660 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nazim Hussain Siddiqui and Hamid Ali Mirza, JJ |
| Parties | SAEEDULLAH SOOMRO and another — Petitioners Versus THE STATE through National Accountability Bureau — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 660 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 660 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nazim Hussain Siddiqui and Hamid Ali Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 660 (SCMR) (SAEEDULLAH SOOMRO and another — Petitioners Versus THE STATE through National Accountability Bureau — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Azizullah Shaikh, Senior Advocate, Supreme Court with Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioners.
- Nadeem Azhar Siddiqui, Deputy Attorney-General with Anwar Tariq, Deputy Prosecutor-General for Respondent.
- Date of hearing: 22nd July, 2003.
Headnotes / Summary
S. 497
National Accountability Ordinance (XVIII of 1999), Ss.10 & 32(b)
Constitution of Pakistan (1973), Art. 185(3)
Bail, grant of-- Appeal preferred by the accused before High Court was fixed for hearing more than twelve times and on two occasions arguments were heard, yet the judgment was not delivered
Matter was adjourned as a routine on one ground or the other
Appeal under S.32(b) of the National Accountability Ordinance, 1999, was required to be finally disposed of within 30 days from the date of its filing
Accused had earned one year's remission and he was to remain in custody only for about two years
Prosecution could not satisfactorily explain as to why on so many occasions the matter 'was adjourned and why concrete steps were not taken too conclude the same within the time limit prescribed by law
Judgment & Decree
NAZIM HUSSAIN SIDDIQUI, J.
This order will dispose of Criminal Petitions Nos.42-K and 43-K of 2003. Criminal Petition No.43-K of 2003 is not pressed and the same is dismissed, as such.
2. Learned Judge of Accountability Court Sindh, Karachi convicted petitioner, Saeedullah Soomro, on 6-11-2001 under section 10 of National Accountability Ordinance, 1999 and sentenced him to suffer R.I. for 5 years and to pay fine of Rupees two crores or in default thereof to suffer further imprisonment for a period of 2-1/2 years. Against said judgment and conviction the petitioner preferred 'appeal before High Court on 13-11-2001, which is still pending for decision. He is in custody since 4-7-2001.
3. We heard the arguments and perused the record.
4. It appears that more than 12 times the appeal was fixed for hearing and on two occasions arguments were heard, yet, the judgment was not delivered. On one ground or the other as a routine the matter was adjourned. Under section 32(b) of the NAB Ordinance, the appeal is required to be finally disposed of within 30 days from the date of its filing. According to learned counsel, the petitioner has earned one year remission and now only about two years he is to remain in custody as substantive sentence. Mr. Tariq Anwar, D.P.-G. for NAB was not able to give any satisfactory reply as to why on so many occasions the matter was adjourned and why the concrete steps were not taken to conclude it within the time limit prescribed by law.
5. Accordingly, the petition is converted into appeal and the same is allowed. Bail is granted to the petitioner/appellant in the sum of Rs.50,00,000 (Rupees Fifty lacs) with P.R. bond in the like amount with two sureties each being of Rs.25,00,000 (Rupees Twenty Five lacs) to, the satisfaction of Deputy Registrar of this Court at Karachi. The appellant is directed to surrender his passport immediately before High Court, if so has not already been done. He will not be released on bail till above direction is complied with. NAB Authorities are directed to see that his name is entered in the exit control list. N.H.Q./S-13/S Bail granted.