5458/2020 Const. P. Haji Adam Jokhio (Petitioner) V/S NAB and Others (Respondent)

Sindh High Court2021

Bench: Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Mr. Justice Abdul Mobeen Lakho(Author)

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5458/2020 Const. P. Haji Adam Jokhio (Petitioner) V/S NAB and Others (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Mr. Justice Abdul Mobeen Lakho(Author) Order Date: 27-OCT-21 In the view of above legal position, it is observed that superior Court can entertain application for pre-arrest bail and grant relief to the accused in appropriate cases where accused could inter alia establish that he was prevented from approaching the lower Court concerned in the first instance. An accused normally can approach in the first instance the Court of Sessions/NAB Courts (now in view of the National Accountability (Second Amendment) Ordinance XXIII, 2021) for bail before arrest as propriety so demands but depending on the compelling circumstances, an accused can approach the High Court directly by invoking its concurrent jurisdiction. In the present case, no compelling circumstances have been pointed out.
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