| Case ID |
ec2e1bdf-7559-49d8-a174-7b13952d5d06 |
| Body |
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| Case Number |
C.Ps. Nos. D-467, D-502, D-503, D-627 & D-628 of 2 |
| Decision Date |
Aug 28, 2004 |
| Hearing Date |
Aug 24, 2004 |
| Decision |
The Sindh High Court granted interim bail to the petitioners, concluding that the evidence presented did not sufficiently demonstrate their involvement in the alleged crimes of embezzlement and corruption. The court found that the petitioners were not named in the FIR and that the prosecution's case was primarily based on documentary evidence. The court ruled that the case required further inquiry regarding the guilt of the petitioners, and the possibility of tampering with evidence was ruled out, thus allowing them the concession of bail. This decision emphasizes the importance of due process and the presumption of innocence until proven guilty. |
| Summary |
The case revolves around allegations of embezzlement involving the Faisal Cantonment Board and its officials. The petitioners, including Qazi Muhammad Shamim, were accused of various offenses under the Pakistan Penal Code and the Prevention of Corruption Act. The court highlighted the lack of evidence linking the petitioners directly to the embezzlement, stating that further inquiry was necessary to establish their guilt. The interim bail granted to the petitioners showcases the judicial focus on protecting the rights of individuals against unfounded allegations, ensuring that the legal process is upheld. This case is significant in the context of accountability and transparency within governmental financial operations, reflecting the judiciary's role in maintaining checks and balances. Keywords associated with this case include 'embezzlement', 'corruption', 'interim bail', 'Sindh High Court', and 'Pakistan Penal Code'. These terms are particularly relevant in discussions surrounding legal proceedings involving public officials and financial misconduct. |
| Court |
Sindh High Court
|
| Entities Involved |
NATIONAL ACCOUNTABILITY BUREAU,
Faisal Cantonment Board
|
| Judges |
Anwar Zaheer Jamali,
Maqbool Baqar
|
| Lawyers |
Mr. Shahadat Awan,
Mr. Ghulam Mustafa Memon,
Mr. Akhlaq Ahmad,
Mr. Amanullah Khan
|
| Petitioners |
Qazi MUHAMMAD SHAMIM
|
| Respondents |
2 others,
NATIONAL ACCOUNTABILITY BUREAU through its CHAIRMAN CHIEF EXECUTIVE SECRETARIAT-II, ISLAMABAD
|
| Citations |
2005 SLD 3861,
2005 PLJ 9
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860,
Prevention of Corruption Act, 1947
|
| Sections |
497,
409,
420,
468,
471,
5(2)
|