Former prime minister Nawaz Sharif is expected to be released on bail in the Al-Azizia reference on medical grounds most probably the following week. Senior lawyers while talking to Business Recorder stated that Islamabad High Court (IHC) may grant bail to former premier, currently admitted at Lahore's Jinnah Hospital, due to his deteriorating health.
A K Dogar Advocate told that courts usually grant bail to an accused on the basis of poor health, and this is expected in the particular case of Nawaz Sharif's bail plea. Afshan Ghazanfar Advocate concurred maintaining that Sharif is suffering from heart complications and two medical boards formed by Punjab government have confirmed this after medically examining the accused. She said under Section 426 of CrPc, the sentence maybe suspended and under Article 199 of the Constitution through a writ petition, a convicted person maybe granted bail.
The accused was prime minister of Pakistan three times, said former deputy prosecutor general NAB Zulfiqar Bhutta adding that a high court also examines the attitude of the accused before granting bail.
IHC will take up the bail plea of Sharif's writ petition to suspend his seven-year sentence and grant him bail on medical grounds today. The accountability court Judge Mohammad Arshad Malik had awarded seven-year sentence to Sharif in Al-Azizia/Hill Metal Establishment case.
The NAB prosecutor had opposed the bail plea and argued that the sentence of a convict can not be suspended on medical grounds. However, NAB Special Prosecutor General (SPG) Akram Qureshi in the cancellation of Nawaz Sharif and his daughter Maryam Safdar and son-in-law Capt Muhammad Safdar's (retd) bail in Avenfield Apartment case maintained that there are two possibilities for granting bail: one, an inordinate delay in deciding an appeal and, two, danger to life due to a medical condition.
A larger bench of the apex court in the case of Tallat Ishaq vs NAB, clarified that in cases under the National Accountability Ordinance (NAO), 1999 bail may be granted through exercise of constitutional jurisdiction of the High Court only in extraordinary circumstances and in cases of extreme hardship.
Nawaz Sharif in his petition before Islamabad High Court submitted that he is experiencing pain in both arms and numbness in his toes. Given his medical history, the matter was reported to the jail superintendent who referred him for medical examination to the Punjab Institute of Cardiology, Lahore, and the Allama Iqbal Medical College/Jinnah Hospital, Lahore.
Special medical boards were constituted to evaluate the health condition of the petitioner. The medical examination of Nawaz Sharif was conducted by the two special medical boards on January 16 with both recommending he be shifted to hospital.
In the light of findings and recommendations of the medical boards, Nawaz Sharid has prayed for suspension of his sentence and release on bail pending final decision of his appeal on purely medical grounds as a case of extreme hardship.
The Lahore High Court in Ashiana Housing Schemes and Ramzan Sugar Mills had granted bail to the Opposition Leader in National Assembly Shahbaz Sharif; NAB has decided to challenge the LHC order in the top court of the country.
A five-member larger bench headed by Chief Justice Mian Saqib Nisar on January 14 had dismissed NAB appeal for cancellation of bail of Nawaz Sharif, his daughter Maryam Safdar and son-in-law Capt Muhammad Safdar (retd) in Avenfield Apartments case.
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