IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Asif Saeed Khan Khosa, CJ 
Mr. Justice Sajjad Ali Shah 
Mr. Justice Yahya Afridi 
 
 
Civil Petition No. 639 of 2019 
(Against the order dated 25.02.2019 passed by the Islamabad High 
Court, Islamabad in Writ Petition No. 352 of 2019) 
 
 
Mian Muhammad Nawaz Sharif 
…Petitioner 
 
 
 
 
 
versus 
The State, etc 
…Respondents 
 
 
For the petitioner: 
Khawaja Haris Ahmad, Sr. ASC 
 
Mr. Muhammad Zubair Khalid, ASC 
Mr. Sher Afgan Asadi, ASC 
 
 
For the State: 
Mr. 
Nayyar 
Rizvi, 
Additional 
Prosecutor-General, Accountability 
 
Mr. 
Jehanzeb 
Barwana, 
Special 
Prosecutor, Accountability  
 
Mr. Naeem Tariq Sanghera, Special 
Prosecutor, Accountability  
 
Mr. 
Arshad 
Qayyum, 
Special 
Prosecutor, Accountability 
 
Dr. 
Qadeer 
Alam, 
AIG 
(Legal) 
(Prison) 
 
Asim Javed, D.S. Home Department 
 
Date of hearing: 
 
 
26.03.2019 
 
 
ORDER 
 
Asif Saeed Khan Khosa, CJ.:  
 
Civil Miscellaneous Application No. 2667 of 2019 
 
 
This miscellaneous application is allowed and the document 
appended therewith is permitted to be brought on the record of the 
main petition. Disposed of.  
 
Civil Petition No. 639 of 2019 
 
2
Civil Miscellaneous Application No. 2265 of 2019 
 
2. 
This miscellaneous application is allowed and the concise 
statement of respondent No. 2 appended therewith is allowed to be 
brought on the record of the main petition. Disposed of.  
 
Civil Petition No. 639 of 2019 
 
3.  
Through this petition Mian Muhammad Nawaz Sharif 
petitioner has sought leave to appeal against the order dated 
25.02.2019 passed by a learned Division Bench of the Islamabad 
High Court, Islamabad in Writ Petition No. 352 of 2019 whereby a 
prayer made by him regarding suspension of sentence and release 
on bail in a pending criminal appeal against his conviction and 
sentence was dismissed.  
 
4. 
The petitioner had been convicted by the Accountability 
Court-II, Islamabad in Reference No. 19 of 2017 in respect of an 
offence under section 9(a)(v) read with section 14(c) of the National 
Accountability Ordinance, 1999 and was sentenced to rigorous 
imprisonment for seven years and to pay fine apart from some 
other sentences. The petitioner challenged his conviction and 
sentence before the Islamabad High Court, Islamabad through an 
appeal and during the pendency of that appeal he filed Writ 
Petition No. 352 of 2019 seeking suspension of his sentence and 
release on bail during the pendency of the appeal but on 
25.02.2019 the said Writ Petition was dismissed by a learned 
Division Bench of the Islamabad High Court, Islamabad. Hence, 
the present petition before this Court. 
 
5. 
We have heard the learned counsel for the parties at some 
length and have gone through the relevant record appended with 
this petition.  
 
6. 
After addressing elaborate arguments in support of the 
petitioner’s prayer for bail upon suspension of his sentence the 
learned counsel for the petitioner has prayed that the petitioner 
Civil Petition No. 639 of 2019 
 
3
may be enlarged on bail upon suspension of his sentence for a 
period up to eight weeks so as to provide him an opportunity of 
proper medical treatment of his choice and upon expiry of the 
requisite period the petitioner shall voluntarily surrender to 
custody regarding which the learned counsel for the petitioner has 
undertaken on behalf of the petitioner. The learned Additional 
Prosecutor-General, Accountability appearing for the National 
Accountability Bureau has, however, opposed the said prayer 
maintaining that the petitioner is a convicted prisoner who is 
already being offered as well as afforded the best medical treatment 
and facilities available in the country.  
 
7. 
The medical reports of the petitioner brought on the record 
of the case do suggest that he has a long history of various 
ailments 
including 
cardiac 
complications, 
kidney 
problem, 
hypertension and diabetes. Some of the reports prepared by the 
Medical Boards and available on the record clearly recommend 
that “the patient’s current symptoms necessitate coronary 
angiography, after nephrologist clearance” and that “the patient 
needs cardiac catheterization, for further management, in view of 
his symptoms of angina. Because of long standing history of 
comorbidities 
and 
complicated 
cardiac 
surgical 
history, 
a 
nephrologist and cardiac surgical backup is recommended during 
the cath.” It has clearly been mentioned in such reports that while 
undergoing angiography the petitioner “will be at a mild moderate 
risk of contrast including nephropathy”. In this peculiar backdrop, 
and extending due deference to the consistent medical opinion of 
senior doctors available on the record, the prayer made by the 
learned counsel for the petitioner regarding admission of the 
petitioner to bail upon suspension of his sentence for a limited 
period has been found by us to be reasonable. This petition is, 
therefore, converted into an appeal and the same is allowed and 
consequently the petitioner is admitted to bail upon suspension of 
his sentence subject to furnishing bail bond in the sum of Rs. 
5,000,000/- (Rupees five million only) with two sureties each in the 
like amount to the satisfaction of the Additional Registrar (Judicial) 
of this Court in the following terms: 
Civil Petition No. 639 of 2019 
 
4
 
i) 
The sentence of the petitioner handed down by 
the 
Accountability 
Court-II, 
Islamabad 
in 
Reference No. 19 of 2017 in respect of an offence 
under section 9(a)(v) read with section 14(c) of 
the National Accountability Ordinance, 1999 is 
suspended and he is admitted to bail for a 
period of six weeks from the date of his release 
as a consequence of this order. It is made clear 
that during this period the petitioner shall not 
leave or be allowed to leave the country. 
 
ii) 
Bail granted to the petitioner through the 
present order shall automatically stand canceled 
upon expiry of six weeks from the date of his 
release whereupon the petitioner shall surrender 
to custody voluntarily failing which he shall be 
retaken into custody.  Surrender to custody by 
the petitioner shall not include surrendering 
before a court with an application for bail. 
 
iii) 
During the above mentioned period of six weeks 
the petitioner may get himself medically treated 
from medical practitioners and medical facilities 
of his choice in Pakistan.  
 
iv) 
If during that period of six weeks the appeal filed 
by the petitioner before the Islamabad High 
Court, Islamabad is finally decided by the said 
Court then upon such decision custody of the 
petitioner shall thereafter be regulated by an 
order of the High Court to be passed in that 
regard, if need be.  
 
 
Chief Justice 
 
Judge 
 
Judge 
Islamabad 
26.03.2019 
Not approved for reporting.  
Arif 
