Daily Times

The Islamabad High Court (IHC) on Tuesday suspended the imprisonment sentence of Pakistan Tehreek-e-Insaf Chairman Imran Khan in the Toshakhana criminal case and ordered to release him on bail. The two-judge bench comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri, in their eight-page judgment reserved on Monday and issued on Tuesday, also ordered the former prime minister to submit surety bonds of Rs 100,000 to avail the bail.

In the order issued in the evening, the court noted that the three-year jail term awarded to Imran “qualifies as a short sentence”. “The arguments raised by both sides as to the jurisdiction and other issues involve a deeper appreciation of the matter which at the stage is not warranted, especially, where the sentence is a short one […],” it said.

The court pointed out in the order that even though long arguments were presented by both sides, such questions were left to be decided at the stage when the appeal was taken up for adjudication. “For the above reasons, the instant application is allowed and the sentence awarded by the trial court dated Aug 5 is suspended; consequently, the applicant is ordered to be released on bail in the instant matter subject to furnishing bail bonds in the sum of Rs 100,000 with one surety in the like amount to the satisfaction of the deputy registrar (judicial) of this court,” it ruled. The Supreme Court’s Qaim Ali Shah case reference was also included in the written decision. It said that the top court had declared that it was the high court’s discretion to grant or deny bail.

The order also said that by accepting the plea of the accused, the decision of the trial court of August 5 “is suspended and the petitioner should be released on bail on filing a bond worth Rs100,000”.

The IHC said the jurisdiction of the trial court and other issues for consideration were not being determined in the  order. The respondents had given detailed arguments on these issues, but they would be decided in the main appeal. The court also gave a reference of the order of the Supreme Court in an appeal against the suspension of former prime minister Nawaz Sharif’s sentence in the Avenfield property case. It said that the top court had expressed its displeasure on issuing lengthy orders in decisions pertaining to the suspension of the sentences.

Additional District and Sessions Judge Humayun Dilawar had announced a three-year jail term along with fine of Rs 100,000 to the former prime minister in the Toshakhana criminal case lodged by the Election Commission of Pakistan.

Imran Khan secured a major legal victory as the sentence awarded to him in the Toshakhana case was suspended; however, the former premier is likely to remain incarcerated despite release orders.

The Islamabad High Court (IHC) suspended the three-year sentence awarded by a local court and ordered Khan’s release but he will remain imprisoned at Attock jail as he was arrested by authorities in the  cipher case, registered under Official Secrets Act, while he serving sentence in Toshakhana case. The Federal Investigation Agency (FIA) officially arrested the former prime minister — who was ousted from office after a no-confidence motion in April last year — under the Official Secrets Act 1923 during his imprisonment in Attock jail in the Toshakhana case.

The counter-terrorism wing of the FIA had registered an FIR in the case against Khan after for misplacing and misusing the classified document for political purposes.

During the trial of the case, the judge of a special court formed under the Official Secrets Act has remanded Khan into judicial custody in jail till August 30. The court has also directed the superintendent of Attock jail to keep the ex-PM in the judicial lockup and present him upon completion of the remand period. Therefore he cannot be immediately released from jail.