22 February, 2020
Could someone please tell me the exact status of the 4 week bail granted to the `precariously` ill MNS for medical treatment abroad and who left for London on 19 Nov 2019 along with his brother MSS who had stood his guarantor but was himself required by the courts in Pakistan in various cases. The 4 week bail was extendable by the Punjab Govt. on production of certain medical reports and certificates which, to my knowledge, has not been done as yet due to incomplete medical reports etc. I as a military man know that if I were on leave and needed my leave to be extended by a certain period, I would make sure that my application for extension reaches the authorities well in time before the expiry date of my leave. And if for any reason the extension doesn`t come by then I would report back to my unit on the date my leave expires and pursue the matter of extension from there further. MNS 4 weeks finished more than a month back but neither he nor h! is guarantor brother have returned back as yet. It is also not known how long they may take more to come back. Then, what is the status of the convict during all this period where his bail period has expended and he is staying out of the jail without bail? Where is the guarantor and his surety to ensure return of MNS on the due date? The surety document probably doesn`t say of any penalties to be imposed if the guarantor fails to present the convict before the jail authorities on the expiry of the bail. Is MNS legally still on bail? Or, is his bail deemed to have been automatically extended for the period his medical reports shuttle between his doctors and the govt. of the Punjab? What if the Punjab govt. on the scrutiny of the London medical reports by the Punjab medical board and on its advice doesn`t extend the bail? What would happen to the guarantor MSS if MNS doesn`t return in such a case? I, as a layman, am totally confused.
Col. Syed Riaz Jafri (Retd)