| Citation(s) |
|---|
| 2019 SLG 1213 2019 SLD 1213 2019 PLD 445 |
Supreme Court of Pakistan
Civil Appeals Nos. 1340, 1341 and 1342 of 2018 and Civil Miscellaneous Application No. 9985 of 2018 in Civil Appeal No. 1340 of 2018. Hearing Dated: 14-01-2019. (Against the judgments Dated 19-9-2018 passed by the Islamabad High Court, Islamabad in Writ P
ASIF SAEED KHAN KHOSA, JUSTICE GULZAR AHMED, JUSTICE MUSHIR ALAM, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Petitioner(s) by: Muhammad Akram Qureshi, Special Prosecutor, National Accountability Nemo (in C.M.A. No.9985 of 2018 in C.A. 1340 of 2018).
Respondent(s) by: Khawaja Haris Ahmad, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record fo
Civil Appeals Nos. 1340, 1341 and 1342 of 2018 and Civil Miscellaneous Application No. 9985 of 2018 in Civil Appeal No. 1340 of 2018. Hearing Dated: 14-01-2019. (Against the judgments Dated 19-9-2018 passed by the Islamabad High Court, Islamabad in Writ P
ASIF SAEED KHAN KHOSA, JUSTICE GULZAR AHMED, JUSTICE MUSHIR ALAM, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Petitioner(s) by: Muhammad Akram Qureshi, Special Prosecutor, National Accountability Nemo (in C.M.A. No.9985 of 2018 in C.A. 1340 of 2018).
Respondent(s) by: Khawaja Haris Ahmad, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record fo
ISLAMABAD
VS
MIAN MUHAMMAD NAWAZ SHARIF AND 2 OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 426,428,497
Law: Constitution of Pakistan, 1973
Section: 199
Law: National Accountability Ordinance, 1999
Section: 9
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 426 & 497---Application for bail/suspension of sentence during pendency of appeal---While deciding such an application merits of the case were not to be adverted to or commented upon in any detail. (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9---Constitution of Pakistan, Art. 199---Corruption and corrupt practices---Bail, grant of---Constitutional jurisdiction of the High Court---Scope---In cases under the National Accountability Ordinance, 1999 bail may be granted through exercise of Constitutional jurisdiction of a High Court only in extraordinary circumstances and in cases of extreme hardship. Tallat Ishaq v. National Accountability Bureau and others Civil Petition No.632 of 2019 ref. (c) National Accountability Ordinance (XVIII of 1999)--- ----S. 9---Criminal Procedure Code (V of 1898), S. 426---Corruption and corrupt practices---Suspension of sentence---Bail, grant of---Accused and co-accused persons were convicted and sentenced by the Accountability Court---High Court admitted them to bail by suspending their sentences---No allegation had been levelled regarding any misuse or abuse of the concession of bail by the accused or co-accused persons---Accused was already in jail after having been convicted and sentenced in connection with another criminal case, whereas one of the co-accused was a woman and the law envisaged concession for her in the matter of bail---Moreover sentence of imprisonment passed by the Trial Court against the other co-accused was quite short---Supreme Court, in such circumstances, declined to interfere with the jurisdiction and discretion exercised by the High Court in the matter of granting bail to accused and co-accused persons upon suspension of their sentences---Appeals were dismissed in circumstances. (d) Criminal Procedure Code (V of 1898)--- ----S. 426---National Accountability Ordinance (XVIII of 1999), S. 9---Judgments of the High Court relating to bail---Short format---Supreme Court deprecated the practice of writing lengthy s in bail matters and observed that instead of adhering to the guidelines issued and recommendations made by the Supreme Court…
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