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NAB related Writ Petition for suspension of sentence as the provisions of Section 426 Cr. P.C are not applicable for seeking such relief in NAB cases

The client approached us to file a Writ Petition challenging a judgment of the High Court dated 2012, specifically regarding the suspension of sentence. It was argued that the provisions of Section 426 Cr. P.C were not applicable for seeking such relief in NAB cases. A Criminal Appeal (Cr.A) of 2012 against the petitioner’s conviction was pending before the Hon’ble High Court.

The NAB Reference in 2009 alleged that the petitioner, along with four other accused persons, had cheated and defrauded a bank for a sum of Rs. 71.938 million through fake Inland Letter of Credits (ILCs). The petitioner sought suspension of sentence based on the following grounds:

GROUNDS

  1. Unsustainable conviction: The impugned judgment convicting the petitioner but not the other four accused is legally flawed.
  2. Banking suit for recovery: The principal accused had opened bank accounts in 1998, and the bank had filed a suit for loan recovery, which is still pending adjudication. The mortgages securing the loans were concealed from the trial court.
  3. Violation of NAB Ordinance: NAB Chairman’s reference without permission from the Governor State Bank of Pakistan was illegal under Section 31-D of the NAB Ordinance.
  4. Unauthorized complainant: The complainant was not authorized to file a complaint with NAB, and there was no special permission from the Bank’s Board to lodge the reference.
  5. Faulty inquiry report: The inquiry report relied upon by the trial court was improperly introduced and not credible.
  6. Irrelevant blame on SWIFT: The petitioner was unjustly blamed for SWIFT transactions, which were not under his control.
  7. Failure to consider contradictions: The trial court did not consider the material contradictions in the prosecution’s evidence, making the case doubtful.
  8. Settlement of loan not mentioned: The impugned judgment did not mention the settlement for pending loans between the complainant and the bank outside the court.
  9. Innocence of the petitioner: The petitioner was falsely implicated, while those actually responsible for the crime were let off.
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The Writ Petition was resolved in favor of the petitioner.

Based on the above case and the grounds presented, Josh and Mak International can offer a range of legal services to their client. Some of the services they can provide are:

  1. Writ Petition Filing: They can assist their client in filing a Writ Petition challenging the judgment of the High Court on the grounds mentioned in the case. This involves preparing and drafting the necessary legal documents and representing the client in court.
  2. Legal Research and Analysis: The law firm can conduct thorough legal research and analysis to support their client’s case. This includes examining relevant statutes, case laws, and legal precedents to strengthen their arguments.
  3. Criminal Defense: As the client is facing charges in a NAB case, the law firm can provide criminal defense services. They can represent the client during the trial, cross-examine witnesses, present evidence in their favor, and build a strong defense strategy.
  4. Appeals and Review Petitions: In case the client’s Criminal Appeal (Cr.A) is not successful, Josh and Mak International can help the client in filing an appeal or review petition before the appropriate court.
  5. Expert Legal Advice: The law firm can provide expert legal advice to the client on various aspects of the case, including the validity of the NAB Reference, the legality of the trial court’s proceedings, and the potential grounds for challenging the conviction.
  6. Petition for Bail/Suspension of Sentence: As mentioned in the case, there was no alternate remedy provided under the law for the grant of bail/suspension of sentence. In such situations, Josh and Mak International can file a petition seeking bail or suspension of the petitioner’s sentence.
  7. Legal Representation: The law firm can represent the client throughout the legal process, including appearances in court hearings, presenting arguments, and advocating for the client’s rights.
  8. Strategic Planning: They can assist the client in devising a strategic plan to effectively present their case, including identifying key evidence, preparing witnesses, and anticipating counterarguments.
  9. Settlement Negotiations: If the possibility arises, the law firm can engage in settlement negotiations with the opposing party or the prosecution to seek a favorable resolution for their client.
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Overall, Josh and Mak International can offer comprehensive legal services aimed at protecting their client’s rights, challenging the conviction, and seeking a favorable outcome in the case.

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By The Josh and Mak Team

Josh and Mak International is a distinguished law firm with a rich legacy that sets us apart in the legal profession. With years of experience and expertise, we have earned a reputation as a trusted and reputable name in the field. Our firm is built on the pillars of professionalism, integrity, and an unwavering commitment to providing excellent legal services. We have a profound understanding of the law and its complexities, enabling us to deliver tailored legal solutions to meet the unique needs of each client. As a virtual law firm, we offer affordable, high-quality legal advice delivered with the same dedication and work ethic as traditional firms. Choose Josh and Mak International as your legal partner and gain an unfair strategic advantage over your competitors.

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