AMEER BAKHSH vs THE STATE
This matter concerns a post-arrest bail application filed by the petitioner, Ameer Bakhsh, who was charged under Section 324/34 of the Pakistan Penal Code 1860 in connection with an incident involving an armed assault on the complainant's house. The petitioner was apprehended at the scene by witnesses. The core legal question before the Court was whether the petitioner was entitled to bail on the specific ground of sickness and infirmity. Upon the Court's direction, a Medical Board comprising specialists from Sheikh Zayed Hospital, Rahimyar Khan, examined the petitioner. The Board's report confirmed that the petitioner, due to his advanced age, was suffering from chronic bronchitis. Finding that the petitioner qualified as a sick and infirm person, the Court held that he was entitled to the concession of bail. Consequently, the Court granted the post-arrest bail, subject to the petitioner furnishing bail bonds in the sum of Rs. 100,000 with one surety to the satisfaction of the trial court, thereby establishing that medical condition and infirmity are valid grounds for granting bail in criminal cases.
- Can a petitioner be granted post-arrest bail on the specific ground of sickness and infirmity?
- Does a medical report confirming chronic illness in an elderly accused constitute sufficient grounds for bail?
- Is the court empowered to order a medical examination of an accused to determine eligibility for bail on medical grounds?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' The petitioner has sought his post-arrest bail in case F.I.R. No.69, registered at Police Station Abadpur on 16-4-2004 for offences under section 324/34, P.P.C. On the ground of sickness.
2. According to F.I.R. At about 10-30 p.m. On 15-4-2004 the petitioner armed with Chhuri, Muhammad Afzal armed with pistol and Muhammad Akhtar armed with .12 bore carbine entered into the house of complainant, within the view of the witnesses Amir Bakhsh gave a Chhuri blow on the neck of Rab Nawaz who was sleeping. The P.Ws. Succeeded in apprehending Amir Bakhsh on the spot while rest of the accused succeeded in running away.
3. I have heard the learned counsel for the parties. As the bail of the petitioner was pressed on the ground of sickness alone, he was got examined by a Medical Board consisting of specialist working in Sheikh Zayed Hospital, Rahimyar Khan. The report of the Medical Board, dated 4-10-2004 reveals that the petitioner was suffering from Chronic Cough (bronchitis) because of his old age. The report further reveals that the petitioner is sick and infirm person, therefore, I am inclined to admit him to bail in the ground of sickness subject to his furnishing bail bond in the sum of Rs.100,000 (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.