' IJAZ-UL-HASSAN KHAN, J.--- Mian Hisamuddin petitioner, ex-Deputy General Manager, Pakistan Steel Mills, Karachi, was tried by Judge, Accountability Court No.1, Peshawar. At the conclusion of trial, vide judgment dated 13-5-2005, he was convicted under section 10 of National Accountability Ordinance, 1999 and sentenced to undergo rigorous imprisonment for five years R.I. Plus fine of Rs.5,39,06,420, in default, to be recovered as arrears of land revenue. Besides Malakand Oil and Ghee Mills, House No.313, sector G-10/2, Islamabad owned by his wife and house owned his sons in village Thana Malakand Agency have been ordered to be forfeited to the Government/State.
2. The appeal of the petitioner questioning the legality and correctness of his conviction and sentence is pending adjudication in this Court.
3. The petitioner by way of filing instant writ petition under Article 199 of the Islamic Republic of Pakistan, 1973, seeks suspension of the sentence awarded to him and grant of bail, principally on the ground that he has undergone major portion of his sentence and is insulin dependant diabetic and has had two heart attacks and is suffering unstable cardiac condition.
4. We have heard at length Mr. M. Sardar Khan Advocate, for petitioner, Mr. Riaz Ahmad Khan, D.P.G.
For NAB and Mr. Akhtar Naveed, D.A-G. For the State.
5. Apart from remissions, petitioner is in continuous detention and by now has undergone major portion of substantive sentence having been arrested on 11-1-2001. It is pertinent to add that petitioner's entire property has been forfeited and the same is now with the government. Keeping in view the cases of Khan Muhammad Mahar v. The State 2003 SCM R 22; Zulfiqar Ali v. The State 1994 SCM R 548; Ghani ur Rehman v. NAB (Ehtesab A.4 of 2001 SC) and Adnan A. Khawaja v. The State (Cr.
P. No.281 of 2001 SC), we are of the opinion that case for suspending his sentence is made out.
Accordingly, we direct that petitioner's sentence shall remain suspended till the final disposal of his appeal by this Court, subject to his furnishing bail bonds in the sum of Rs.10 million with two sureties each in the like amount to the satisfaction of Additional Registrar of this Court.
' Above are the detailed reasons for our short order dated 14-6-2005.
(c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Natural justice, principles of---Where no notice was issued and no inquiry was made, such order was violative of rules of natural justice. [p. 2436] C Muhammad Ameer Bhatti for Petitioner.