C.M. No.213 of 2020.
This is an application, on behalf of the appellant, seeking exemption from appearance in the instant appeal.
2. Learned counsel for the appellant, inter alia, contended that this Court had suspended the sentence awarded to the appellant and granted bail for a period of eight (08) weeks with the observation that if the same is to be extended the same shall be done by the Government of Punjab under Section 401(2) Cr.P.C. It was submitted that the Provincial Government, vide its decision dated 27.02.2020, did not extend the suspension of sentence of the appellant and as such the suspension and bail of the appellant lapsed. Learned counsel further contended that the health of the appellant does not allow him to travel to Pakistan and appear before the Court. He apprised the Court that in this behalf the appellant went abroad after he had filed a writ petition before the Hon'ble Lahore High Court and the same is still pending. It was also submitted that an undertaking was also tendered by the brother of appellant before the Court; that in terms of the undertaking if the appellant had to stay abroad for more than four
(04) weeks the medical condition would be determined by the representative of High Commission of Pakistan in United Kingdom. During the course of arguments, learned counsel for the appellant was confronted whether the appellant is hospitalized and the candid reply was in the negative.
3. Notice to respondents. Mr . Jahanzaib Khan Bharwana, Additional Prosecutor General, NAB accepts notice.
4. Learned Additional Prosecutor General, National Accountability Bureau (NAB) opposed the request for exemption and submitted that since the appellant is not on bail, hence he should be declared absconder . When confronted both the counsels candidly admitted that since the appeal has been admitted to regular hearing even if the appellant is declared as an absconder the appeal is to be decided on merit. On Court call, Mr. Arshad Mehmood Kiyani, Deputy Attorney General appeared before the Court and it was inquired from him whether any effort has been made to verify the medical condition of the appellant in terms of the undertaking executed by Mr. Mian Muhammad Shahbaz Sharif and filed before the Hon'ble Lahore High Court. He seeks time to obtain instructions.
5. This Court, vide judgment dated 29.10.2019, had suspended the judgment handed down by the Accountability Court No.II, Islamabad, dated 24.12.2018 in NAB Reference No.19 of 2017 and granted bail to the appellant for a period of eight (08) weeks. It was observ ed in the judgment that if indisposition of the appellant continues then he may apply for extension of the suspension before the Government of Punjab under Section 401(2) Cr.P.C. The Provincial Government vide its decision dated 27.02.2020 intimated the appellant that the request for suspension has been turned down, hence suspension and bail of the appellant lapsed on the said date. Admittedly , the appellant is not on bail and is also not present in the Court but has made an application for exemption from appearance due to medical reasons. It is not out of place to observe that the appellant did not inform this Court when he proceeded abroad or his name was removed from Exit Control List (ECL) . Moreover , the order passed by the Hon'ble Lahore High Court by removing the name of the appellant from Exit Control List (ECL) or permitting the appellant to travel abroad has no bearing on the suspension order as the appeal is being heard by this Court. In the above backdrop and the interest of justice, we deem appropriate that an opportunity be granted to the appellant to appear before the Court and surrender to the authorities before the next date of hearing failing which proceedings would be initiated against him in accordance with law including but not limited to the provisions of National Accountability Bureau Ordinance, 1999. The learned Deputy Attorney General shall apprise the Court about the query made from him as mentioned hereinabove.
6. Re-list on 10.09.2020.
C.M. No.214 of 2020.
The dispensation sought for is allowed subject to all just and legal exceptions.
Main Case.
Re-list on 10.09.2020.