SHER ZAMAN vs THE STATE
This matter arises from a bail application filed on behalf of the applicant, Sher Zaman, seeking post-arrest bail primarily on the ground of serious ailment, specifically contending that he has only one functioning kidney causing constant pain and numbness in his legs, posing a hazard to his life. The core legal question concerns whether bail should be granted on medical grounds based on the produced medical report. The Sindh High Court held that the existing record did not conclusively establish that continued detention was hazardous to the life of the applicant. Consequently, the court disposed of the bail application with directions for the applicant to be re-examined by the Medical Officer of Central Prison Hospital, Karachi, and if necessary, by a medical expert. The principle laid down is that a plea for bail on medical grounds requires a verified medical report establishing that imprisonment is hazardous to life, and the accused is at liberty to approach the trial court afresh upon receipt of such a report.
- Whether post-arrest bail can be granted on the ground of ailment without a verified medical report showing detention is hazardous to life?
- What procedure should be adopted when an accused seeks bail on medical grounds and the jail medical report is contested?
- Can an accused apply afresh for bail before the trial court after obtaining a medical expert's report subsequent to an initial high court order?
ORDER
' GHULAM RABBANI, ACTG. C.J.---On behalf of applicant, bail has been sought, inter alia, on the ground of his ailment. In support of bail plea, Mr. Chaner, learned counsel for the applicant has referred to a certified copy of report, dated 22-10-2005 of Medical Officer, Central Prison Hospital, Karachi. His contention is that applicant has only one kidney with constant pairs and bringing resulting in the numbness over both this legs and that in case applicant is not released, there is apprehension that he may suffer irreparably in his life. On the other hand, Mr. Farrukh Zia Shaikh learned Social Prosecutor, A.N.F. Has vehemently opposed this bail application. He has proposed that in case there is apprehension as disclosed by Mr. Chaner the applicant can be re-examined in the jail premises by any doctor of his choice.
2. There is nothing available on the record that the remaining of the applicant in jail is hazardous to his life. Only a report, dated 22-10-2005 has been produced in support of bail plea of the application. Since learned counsel has expressed that damage may occur to the applicant in case, he remains in the jail let the applicant be first reexamined by the Medical Officer, Central Prison Hospital, Karachi and in case the contentions of Mr. Chaner are found to be correct the applicant be produced before some medical expert on advice of Medical Officer Central Prison Hospital, Karachi in heavy escort for his medical examination and report. This bail application however, stands disposed of along with the listed application at this stage with the above observation.
Applicant shall be at liberty to apply to the learned Trial Court where his bail plea will be considered on its own merits after the medical expert furnishes his report.