| Citation(s) |
|---|
| 2019 SLG 1062 2019 SLD 1062 2019 PLJ 234 |
Supreme Court of Pakistan
C.As. No. 1340, 1341 and 1342 of 2018 and C. Misc. Appln. No. 9985 of 2018 in C.A. No. 1340 of 2018, decision & hearing Dated: 14.01.2019. (Against the judgments Dated 19.9.2018 passed by the Islamabad High Court, Islamabad in Writ Petitions No. 2839, 284
MIAN SAQIB NISAR, HCJ ASIF SAEED KHAN KHOSA, JUSTICE GULZAR AHMED, JUSTICE MUSHIR ALAM, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Petitioner(s) by: Mr. Muhammad Akram Qureshi, Special Prosecutor, National Accountability Bureau with Mr. Jahanzeb Khan Bharwana, Additional Prosecutor-General, National Accountability Bureau (in all cases).
Respondent(s) by: Khawaja Haris Ahmad, Sr. ASC
C.As. No. 1340, 1341 and 1342 of 2018 and C. Misc. Appln. No. 9985 of 2018 in C.A. No. 1340 of 2018, decision & hearing Dated: 14.01.2019. (Against the judgments Dated 19.9.2018 passed by the Islamabad High Court, Islamabad in Writ Petitions No. 2839, 284
MIAN SAQIB NISAR, HCJ ASIF SAEED KHAN KHOSA, JUSTICE GULZAR AHMED, JUSTICE MUSHIR ALAM, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Petitioner(s) by: Mr. Muhammad Akram Qureshi, Special Prosecutor, National Accountability Bureau with Mr. Jahanzeb Khan Bharwana, Additional Prosecutor-General, National Accountability Bureau (in all cases).
Respondent(s) by: Khawaja Haris Ahmad, Sr. ASC
ISLAMABAD
VS
MIAN MUHAMMAD NAWAZ SHARIF AND OTHERS
Law: National Accountability Ordinance, 1999
Section: 9
Law: Criminal Procedure Code (V of 1898)
Section: 426,428
National Accountability Ordinance, 1999 (XVIII of 1999)-- ----S. 9--Criminal Procedure Code, (V of 1898), S. 426--Suspension of Sentence order--NAB has sought setting aside of the impugned s passed by the High Court, in Writ Petitions whereby respondents in the present appeals were admitted to bail upon suspension of their sentences in their respective criminal appeals filed against their convictions and sentences--Held: Considerations for grant of bail and those for its cancellation are entirely different--No allegation has been leveled before us regarding any misuse or abuse of the concession of bail by respondents to these appeals--One of the said respondents is already in jail after having been convicted and sentenced in connection with another criminal case, another of the said respondents is a woman and the law envisages concession for her in the matter of bail and the sentence of imprisonment passed by the trial Court against yet another of the said respondents was quite short--In these peculiar circumstances Court have not felt persuaded to interfere with the jurisdiction and discretion exercised by the High Court in the matter of the said respondents' bail upon suspension of their sentences during the pendency of their appeals--Appeals were dismissed. PLD 2014 SC 458; 2009 SCMR 790; 2010 SCMR 1697; 2011 SCMR 136; PLD 2011 SC 1144 ref. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, HCJ.-- Civil Miscellaneous Application No. 9985 of 2018 in Civil Appeal No. 1340 of 2018 The reason mentioned in the application seeking adjournment has not been found by us to be valid or sufficient for the purpose nor is the same supported by any material. 2. Through this miscellaneous application the applicant has prayed for his impleading as a party to the main appeal but we have not felt satisfied with his locus standi or interest in the matter. This miscellaneous application is, therefore, dismissed. Civil Appeals No. 1340, 1341 and 1342 of 2018 3. Through these appeals by leave of this Court granted on 12.11.2018 the appellant/Chairman, National Accountability Bureau has sought setting aside of the impugned judgments passed by a learned Division Bench of the…
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