FARMAN ALI vs STATE
The petitioner, Farman Ali, sought post-arrest bail in a case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the recovery of 1500 grams of heroin from his luggage at Peshawar Airport. The core legal question was whether the petitioner was entitled to bail on medical grounds, specifically due to his diagnosis of Hepatitis-B. The Court observed that the petitioner's condition required specialized medical management not available within the prison environment, noting that the disease could be fatal if left untreated. Furthermore, the Court considered that the petitioner was a first-time offender facing a maximum sentence of 14 years, rendering the potential sentencing outcome uncertain. Consequently, the Court held that the petitioner's medical condition constituted sufficient grounds for the grant of bail. The key principle laid down is that where an accused suffers from a serious, potentially fatal illness that cannot be adequately managed within jail, bail may be granted on medical grounds, particularly when the accused is a first offender and the sentencing outcome remains a borderline case.
- Can an accused be granted bail on medical grounds if the required specialized treatment is unavailable in jail?
- Does the status of being a first offender influence the court's discretion in granting bail in narcotic cases?
- Is a fatal or serious illness a valid ground for the grant of post-arrest bail?
- Section 9(c), Control of Narcotic Substances Act 1997
1. Petitioner Farman Ali was booked for crime under Section 9(c) CNS Act by P.S. ANF, Peshawar, vide case FIR No, 18 dated 27.3.2007 because he was apprehended at Peshawar Air Port for making departure to a foreign country and from his luggage, heroin weighing 1500 grams was recovered.
2. Arguments heard and record perused.
2. Irrespective of the merits of the case, discussion on which at this stage is otherwise not advisable because trial has commenced, suffice it to state that the petitioner is undeniably suffering from Hepatitis-B as is evident from the opinion of the Standing Medical Board consisting of physicians of high repute thus, his sickness is of such a nature which requires very specialized management and treatment which is not at all available inside the Jail and being a fatal disease if is not effectively managed and properly treated may take a toll on his life and the offence for which he is charged provides maximum punishment of 14 years and being a first offender whether the trial Court would opt for awarding the maximum or the lesser sentence also make it a border line case, therefore, case for grant of bail is made out but .mainly on the ground of sickness.
3. For the aforementioned reasons, this petition is allowed and the petitioner is granted bail if' he furnishes bail bonds in the sum of Rs, 2,00,000/- (Rupees two lacs) with two reliable sureties each in the like amount to the satisfaction of the trial Court/Duty Magistrate.
4. It is further directed that if his passport has not been already taken into possession then he shall deposit the same with the trial Court pending disposal of the case or in the alternative the prosecution may request the Interior Ministry to put his name on E.C.L.