FARMAN ALI vs THE STATE
This matter concerns a post-arrest bail petition filed by the petitioner, Farman Ali, who was charged under 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, despite the serious nature of the narcotics offence. The Court held that the petitioner was entitled to bail, primarily based on his medical condition. The Court observed that the petitioner suffered from a fatal disease requiring specialized management and treatment unavailable within the prison environment. Furthermore, the Court noted that the petitioner was a first-time offender and that the potential sentencing range made it a borderline case. The principle laid down is that where an accused suffers from a serious, potentially fatal illness that cannot be effectively managed or treated within the confines of a jail, the court may exercise its discretion to grant bail, prioritizing the preservation of the accused's life over the gravity of the offence.
- Can an accused charged with a narcotics offence be granted bail on medical grounds if suffering from a fatal disease?
- Does the unavailability of specialized medical treatment within a prison justify the grant of bail to an accused?
- Is the status of an accused as a first-time offender a relevant factor in determining bail in narcotics cases?
- Section 9(c), Control of Narcotic Substances Act 1997
1. ' DOST MUHAMMAD KHAN, J.---Petitioner Farman Ali was booked for crime under section 9(c) C.N.S. Act by Police Station ANF, Peshawar, vide case F.I.R. No. 18, dated 27-3-2007 because he was apprehended at Peshawar Airport 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 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 tool 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 not forwarding 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.
Cited by 1 case
- AAMIR MEHMOOD vs JAVED ALI and another 2009 P Cr. L J 1472