MUHAMMAD ASLAM vs STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, Muhammad Aslam, who is accused in a criminal case involving allegations of forgery and breach of trust under Sections 406, 467, and 471 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, who has been incarcerated for approximately six months, is entitled to bail on medical grounds, given his deteriorating health condition. The Court observed that the alleged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Upon reviewing the medical report from the District Jail Lahore, which confirmed the petitioner suffers from Hepatitis C, has a history of hematemesis, and requires specialized surgical management for his gall bladder and a fracture that cannot be provided within the jail facility, the Court held that further detention would be injurious to his health. Consequently, the Court accepted the bail petition, subject to the petitioner furnishing bail bonds, while granting the trial court liberty to cancel bail if the petitioner fails to seek treatment or causes unjustified trial delays.
- Does the inability of a jail hospital to provide necessary medical treatment for a serious condition constitute valid grounds for granting post-arrest bail?
- Can bail be granted to an accused when the alleged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is a trial court empowered to cancel bail if an accused fails to seek proper medical treatment or causes unjustified delays in the trial?
- Section 497, Code of Criminal Procedure 1898
- Section 406, Pakistan Penal Code 1860
- Section 467, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
Through this petition ander Section 497 Cr.P.C. Muhammad Aslam petitioner seeks post arrest bail in case FIR No,115 dated 12.2.2008 registered under Sections 406/471/467 PPC at Police Station Gulshan-e-Ravi, Lahore on the application of Shahid Rafi.
2. The brief allegation in the FIR is that the complainant' borrowed amount from the petitioner and as a security issued cheque in his favour. Then the petitioner returned the borrowed amount to the petitioner and the latter also, gave back the cheque to the complainant but later on the petitioner presented a fake cheque in the bank for encasement. Thereafter the complainant came to know that the cheque returned to him was not the original cheque and it was a scanned copy of the original one. In this way the petitioner has prepared a forged cheque.
3. Learned counsel for the petitioner only presses this petition on medical ground and according to him further detention of the petitioner will be injurious to his life, who may be released on bail.
4. On the other hand learned counsel for the complainant has opposed this petition and contends that the trial is being delayed due to the conduct of the petitioner, who has not been produced in the Court on various dates and the private witnesses have already been examined, but the production of the official witnesses is not in the control of the complainant.
5. I have heard the learned counsel for the parties and perused the record. The petitioner is behind the bars for the last about six months and the offences do not fall within the prohibitory clause of Section 497 Cr.P.C. In compliance of this Court order dated 10.10.2008 the medical report has been received from the Medical Officer, District Jail Lahore. The relevant portion is reproduced here:-- "He is a patient of Hepatitis C. He also has history of Blood in Vomitus and reflects worsening of disease. The Medical Specialist from Service Hospital, Lahore recommended his Gall Bladder Operation fracture of Left Ulna Bone. His weight is also decreasing day by day. He needs investigation and management in Service Hospital Lahore which cannot be carried out inside Jail Hospital, Lahore."
6. Keeping in view the condition of the petitioner/patient, it appears that further detention of the petition in jail will be injurious to his health. Hence, this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court.
6-A. However, it is clarified that if the petitioner fails to get proper treatment from any recognized Medical Institution and causes any unjustified delay in the trial, the learned trial Court will be at liberty to cancel his bail.