Courts normally do not grant bail in sentences longer than ten years but former Prime Minister Nawaz Sharif may be released on bail on several grounds, including poor health.
The Islamabad High Court (IHC) has accepted the pleas submitted by the Sharif family against their convictions and constituted a division bench for the purpose which will begin hearing the case on July 31 (today). The Accountability Court had sentenced Sharif, Maryam and Safdar for 10, seven and one year in prison respectively on July 6 and NAB team arrested Nawaz sharif and daughter Maryam on July 13 at Allama Iqbal International airport while Captain (Retd) Safdar was apprehended
Vice Chairman Pakistan Bar Council (PBC) Kamran Murtaza, while talking to Business Recorder, said that normally courts do not grant bail to convicts awarded 10 year long sentence but there are several grounds on which bail may be granted to Nawaz Sharif. He said that Chairman National Accountability Bureau (NAB) did not issue arrest warrants for both Sharif and his daughter before the start of trial case which indicates no investigation was ongoing.
"During the trial, Accountability Court did not pass any order to keep them in custody and they remained on bail," he said, adding that the court could also grant him bail due to poor condition as Sharif is now seriously ill.
Murtaza said that the Pakistani court system gives women additional leeway for bail and therefore Maryam Nawaz is a good candidate for bail. Captain Safdar (retd) has been given a sentence of one year while in normal cases, the same court grants bail to those sentenced for two years and under.
Senior lawyer Barrister Muhammad Ali Saif concurred and stated that the court is likely to grant bail to Sharif, his daughter and son-in-law particularly as the father and daughter returned to the country after their conviction which implies they are unlikely to abscond.
He said that the Accountability judge had written in the verdict that the prosecution has not brought evidence with respect to section (9a) (iv) of National Accountability Ordinance NAO 1999. "The grounds for granting bail to Sharif, his daughter and son in law are present in the judgment of the Accountability Court," he said.
Saif further said that as IHC had accepted the pleas of the Sharif family to set aside the verdict of the Accountability Court this too could be grounds for bail. "There is no justification for keeping convicts in jail after acceptance of their appeals by the court," he said, adding that the court may also grant bail to Sharif on the basis of poor health.
Saif added that the court may grant all three bails following the deposit of heavy surety bonds, adding that one bail condition could be that they cannot address or participate in any public gathering.
IHC adjourned the hearing of Sharif's plea seeking to set aside Accountability Court judgment and transfer Flagship and Al-Azizia Steel Mill case to another court till August 1.