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PEER MUKARAM-UL-HAQ versus NATIONAL ACCOUNTABILITY BUREAU (NAB) THROUGH CHAIRMAN


Sections 496, 497 and 426 of the National Accountability Ordinance (XVIII of 1999), Section 9 Constitution of Pakistan (1973), Arts 199 and 185 (3) bail on medical grounds The Principals Petition had sought substantial portion of punishment and medical certificate. It was an indication of an illness that was of a somewhat serious nature. The medical opinion submitted by the medical specialist recommended that the applicant be transferred to some health care facilities where, in the recent past, a team of diabetics, neurosurgeons and cardiologists was available, and under The treatment department remained undergoing treatment in Urology, requiring medical facilities, advanced techniques, optoidate operations and knowing how the district was not available at headquarters hospitals, which aspect of the matter could not be neglected even though it was approved for bail and Punishment was a matter of suspension. An arbitrary matter but the use of such discretion should be in accordance with th e Supreme Court's suspension of conviction through which the basic provisions of law and these principles can be rejected but in such a case it would be necessary for the High Court to present an argument. Which cannot be disposed of by the petitioner's preferred constitutional petition. And such an order of the High Court cannot be construed as a strict or reasonable order where the High Court did not give any reason for disposing of the constitutional petition. Such an order of the High Court cannot be called a Speaking Order. It was not in accordance with the law that the Supreme Court had enacted. The court converted the application into appeal and accepted it and the applicant was instructed to merge the bail.

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