Incomplete investigation

2015 PLD 101 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 9(a)(ix)Constitution of Pakistan, Art.199Constitutional petitionBail, grant ofCheating members of public at largeIncomplete investigation

Accused launched a housing project and received money from public at large, despite lapse of many years possession of houses were not given to investors-Validity

Bail could be granted to accused in case under National Accountability Ordinance, 1999 under Constitutional jurisdiction which could be judged on the ground of hardship and prima facie improbability of conviction of accused on the basis of material collected by prosecution

If Court had come to the conclusion that there was no reasonable ground that accused had committed any offence, bail might be granted

Court had also to see whether such powers should be exercised so liberally as to nullify and make provisions of National Accountability Ordinance, 1999, redundant

While collar crimes were mostly based on documentary evidence and to find out, in a nutshell, whether a case of bail was made out or not

Court had to preview and glance over incriminating material of tentative assessment

Investigation was still incomplete and investigating officer stated before High Court that some more important documents were to be recovered and confronted to accused

Accused was still on remand so in all conscience neither any reasonable ground existed that petitioner was not connected with offence in question nor there was any probability of conviction on the basis of material collected by prosecution against accused

High Court declined to release accused on bail as prima facie, sufficient documentary evidence was collected to connect him with crime

Petition was dismissed in circumstances.