Haji SHAMAS-UL-HAQ vs THE STATE
This matter arises from a petition filed by Haji Shamas-ul-Haq seeking post-arrest bail in respect of case F.I.R. No. 303 dated 7-9-2003, registered under sections 324, 337-A(i), 337-A(ii), 337-B(i), 337-D, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Bhawana, District Jhang. The core legal question is whether an accused suffering from a serious chronic disease like Hepatitis is entitled to post-arrest bail under the first proviso to section 497(1) of the Code of Criminal Procedure 1898. The Lahore High Court held that the medical report confirming the petitioner suffers from chronic Hepatitis viral disease Anti-HCV positive—coupled with the lack of treatment facilities in jail and the risk to other inmates—brings the case within the ambit of the first proviso to section 497(1). Consequently, the petition was accepted and the petitioner was admitted to bail subject to furnishing bail bonds.
- Whether an accused suffering from chronic Hepatitis is entitled to post-arrest bail on the ground of sickness under section 497(1) of the Code of Criminal Procedure 1898?
- Section 324, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(ii), 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 F.I.R.
No.303, dated 7-9-2003 under sections 324/337-A(i), 337- A(ii), 337-B(i), 337-D, 148, 149, P.P.C.
Registered with Police Station, 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 apposed 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 Medial Board, Services Hospital, Lahore has confirmed that he is suffering from chronic Hepatits 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 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 IA learned trial Court.