Haji SHAMAS-UL-HAQ vs STATE
This criminal petition arises from an application for post-arrest bail filed by the petitioner, Haji Shamas-ul-Haq, who is facing charges under Sections 324, 337-A(ii), 337-R, 337-B(i), 337-D, 148, and 149 of the Pakistan Penal Code 1860. The core legal question before the Court was whether the petitioner’s medical condition, specifically chronic Hepatitis (Anti-HCV positive), warranted the grant of bail under the statutory provisions governing the release of sick or infirm accused persons. Upon reviewing the medical report submitted by the Standing Medical Board of Services Hospital, Lahore, the Court confirmed the petitioner's diagnosis. The Court held that the petitioner’s condition posed a health risk to himself and other jail inmates, and noted that adequate treatment facilities were unavailable within the prison system. Consequently, the Court accepted the petition and admitted the accused to bail. The judgment affirms the principle that under the first proviso to Section 497(1) of the Code of Criminal Procedure 1898, an accused suffering from a serious, chronic illness for which treatment is unavailable in jail is entitled to be released on bail on the ground of sickness alone.
- Is an accused suffering from chronic Hepatitis entitled to bail under the first proviso to Section 497(1) of the Code of Criminal Procedure 1898?
- Does the unavailability of medical treatment for a specific disease within a jail facility constitute a valid ground for the grant of bail?
- Section 324, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-R, Pakistan Penal Code 1860
- Section 337-B(i), Pakistan Penal Code 1860
- Section 337-D, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
ORDER
Petitioner Shamas-ul-Haq through the instant petition has sought for post arrest bail in case FIR No, 303 dated 7.9.2003 under Section '324/337-A(ii), 337-A(ii), 337-R, 337-B(i), 337-D, 148, 149 PPC registered with P.S. Bhawana District Jhang.
2. The bail has been sought on the ground that he is suffering from chronic Hepatitis viral disease Anti-HCV (Elisa) = Positive)" and so he is sick and in view of the first proviso to Section 497(1) Cr.P.C. is entitled to the bail on that score alone.
3. Learned counsel for the State assisted by learned counsel for the complainant has opposed the petition.
4. I have carefully considered the submissions made from both the sides with the help of available record. It may be Mentioned here that on the last date i,e, 27.9.2004, it was directed by this Court that report about the state of health of the petitioner from Medical Superintendent, Services Hospital, Lahore may be obtained. Requisite report has been submitted. The Medical Superintendent has reported that Standing Medical Board, Services Hospital, Lahore has confirmed that he is suffering from chronic Hepatitis viral disease Anti-HCV (Elisa). Positive". It means that the petitioner is suffering from a viral disease, which may be detrimental to his health as well as the other inmates of the jail. There is no the denying fact that treatment of such disease is not available in jail.
5. The petitioner. thus is entitled to be released on bail on the ground of sickness alone in view of the first proviso to Section 497(1) Cr.P.C. I, therefore, accept this petition and admit him to bail subject to 'his furnishing bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.