RIZWAN and 3 others vs THE STATE
This matter comes before the Sindh High Court through a bail application filed by applicants convicted under sections 458, 337-L(ii) and 337-A(i) of the Pakistan Penal Code 1860. The core legal question concerns the suspension of sentence and grant of bail to convicts undergoing a substantial portion of their imprisonment, particularly in view of mitigating medical circumstances. The court observed that the applicants had already served four out of their ten-year total sentence, and that one of the applicants suffered from a congenital medical condition, namely night blindness, as verified by a medical report on record. In view of these circumstances and the concession made by the state counsel, the court allowed the bail application. The holding establishes that post-conviction bail may be granted when a significant portion of the sentence has already been served and mitigating health grounds are duly established, subject to the furnishing of appropriate sureties.
- Can post-conviction bail be granted when a convict has served a substantial portion of their sentence?
- Whether medical grounds such as night blindness can be considered for granting bail to a convicted person?
- Section 458, Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
ORDER
1. ' MRS. YASMIN ABBASEY, J.---Applicants Manzoor Ali and Subhan convicted under sections 458, 337- L(ii) and 337-A(i), P.P. C .
2. ' It is pointed out by the learned counsel for the applicants that they have been convicted for a total period of 10 years, out of which 4 years have been served out by them. The applicant Manzoor Ali is reported to be suffering from night blindness since childhood. Such medical report has also been placed on record.
3. ' Looking to the sentences awarded to applicants, Mr. Anwar H. Ansari, conceded to the grant of bail application.
4. ' Accordingly both the applicants are allowed bail, subject to furnishing surety in the sum of Rs,3,00,000 (rupees three lacs) each and P.R. Bond of the like amount to the satisfaction of Additional Registrar of this Court.