Law: Constitution of Pakistan, 1973

Section: 199

Law: National Accountability Bureau Ordinance (XVIII of 1999)

Section: 9(b)

Law: Pakistan Prisons Rules, 1978

Section: 143,197

Law: Criminal Procedure Code (V of 1898)

Section: 426,497,498,561A

Constitution of Pakistan, 1973-- ----Art. 199--Suspension of sentence and release of prisoner in NAB matters--Medical ground--Jurisdiction to grant bail in extra-ordinary circumstances--Principle--Contentions--High Court, under Article 199 of Constitution in NAB cases, does have jurisdiction to grant bail but such jurisdiction is to be exercised sparingly in extraordinary circumstances for reasons to be recorded; that referred principle applies not only in bail matters but also in application for suspension of sentence. Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, 1895, Ss. 426, 497, 498 & 561-A--Suspension of sentence and releasing on bail in NAB matters--Jurisdiction on grant of bail--Extraordinary circumstance--Under Article 199 of Constitution, this Court has jurisdiction to suspend a sentence or to release a prisoner on bail (whether under trial or convicted), however such jurisdiction is to be exercised sparingly, in extraordinary circumstances and in cases of extreme hardship. National Accountability Bureau Ordinance, 1999-- ----S. 9-B--Releasing on bail and suspension of sentence--Medical ground--Hospitalized time and again--Recommendations of Medical Board--Petitioner is receiving best possible medical treatment available to any individual in Pakistan--Referred fact cannot be regarded as an 'extraordinary situation' and/or case of 'extreme hardship'--Almost, every ailment has potential of being detrimental to one's life but not, if same is properly treated and taken care of, therefore, being indisposed per se cannot form basis to be released on bail. Pakistan Prison Rules, 1978-- ----Rr. 143 & 197--Authority of Jail superintendent to release prisoner suffering from serious illness--Where it is necessary to remove a convicted prisoner or an under trial prisoner to hospital outside prison for operative or other special treatment, same is permissible under certain conditions--In instant case, law was duly followed and as mentioned hereinabove, petitioner was taken to hospital as and when, he complained about his health-Writ Petition was dismissed. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, J.- Mian Muhammad Nawaz Sharif…

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