| Case ID |
2305d8a5-3af4-422f-9f6b-7edaf5c07a78 |
| Body |
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| Case Number |
Civil Petition No.577-K of 2006 |
| Decision Date |
Dec 20, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the petition for bail filed by the petitioner, Dr. Allah Nawaz A. Qazi, in the amount of Rs.2,00,000 with one surety to the satisfaction of the trial court. The court found that the allegations against the petitioner were not sufficiently substantiated at this stage, and emphasized the importance of assessing evidence before determining the involvement in the alleged misappropriation of Zakat funds. The court noted that the petitioner was not shown as a beneficiary in the alleged misappropriation and that the structure of the committee indicated that the cheques were to be signed jointly by other members. Consequently, the decision of the High Court was set aside, and bail was granted. |
| Summary |
In this case, the Supreme Court of Pakistan addressed the issue of bail for Dr. Allah Nawaz A. Qazi, who was accused of involvement in the misappropriation of Zakat funds while serving as Additional Medical Superintendent and a member of the Health Welfare Committee. The court scrutinized the allegations, which involved claims that the petitioner aided another accused in approving payments against fraudulent invoices. The court highlighted that the evidence needed to substantiate the claims had not yet been presented, and the petitioner was not listed as a beneficiary in the alleged fraud. The ruling emphasized the need for a fair assessment of the evidence before determining guilt, ultimately leading to the decision to grant bail. This case underscores the principles of justice and the presumption of innocence until proven guilty. It reflects the legal standards in Pakistan concerning bail, accountability, and the procedural protections afforded to individuals facing serious allegations, ensuring that no one is deprived of their liberty without sufficient cause. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR,
GHULAM RABBANI
|
| Lawyers |
Muhammad Ashraf Kazi,
Suleman Habibullah,
Ain-ud-Din Khan
|
| Petitioners |
Dr. Allah Nawaz A. Qazi
|
| Respondents |
THE STATE through Chairman NAB
|
| Citations |
2008 SLD 1541 = 2008 SCMR 196
|
| Other Citations |
Anwar Saifullah Khan v. The State and 3 others 2001 SCMR 1040
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
National Accountability Ordinance (XVIII of 1999),
Constitution of Pakistan (1973)
|
| Sections |
497,
9(a),
10(2),
185(3)
|