Sardar AMJAD ALI KHAN vs THE STATE
This petition for leave to appeal challenged an order of the High Court of Sindh, which had dismissed the petitioner's bail application in a narcotics case involving the recovery of 6000 kilograms of Charas. The petitioner, a clearing agent, argued that he was implicated solely on the statements of co-accused who had since escaped custody, while he remained incarcerated. Crucially, the petitioner contended that he suffered from a chronic liver disease (HCV positive), which required specific interferon therapy that could not be administered within the prison due to a lack of funds and facilities. The Supreme Court considered the petitioner's prolonged incarceration of over four years without the conclusion of the trial, alongside the medical reports indicating the necessity of specialized treatment unavailable in jail. The Court held that the petitioner's medical condition, coupled with the delay in trial, warranted the grant of bail. Consequently, the petition was converted into an appeal, and the appellant was admitted to bail subject to furnishing surety bonds.
- Does a chronic medical condition that cannot be treated in prison constitute valid grounds for the grant of post-arrest bail?
- Can prolonged incarceration without the conclusion of a trial be a factor in granting bail in a narcotics case?
- Is the inability of prison authorities to provide necessary medical treatment a relevant consideration for the Supreme Court when reviewing a bail application?
- Section 497, Code of Criminal Procedure 1898
ORDER
' ABDUL HAMEED DOGAR, C.J.--- This petition is directed against order, dated 8-9-2008 passed by learned Single Judge of High Court of Sindh Bench at Sukkur whereby bail application of petitioner was dismissed on the ground that parties have lost interest in the matter.
2. It is contended by Mr. Tariq Aziz, learned counsel for the petitioner that petitioner was arrested in this case on 3-9-2004 from Rawalpindi and taken to Sukkur. He contended that petitioner is a clearing agent and has been involved in this case on the statement of co-accused, namely, Muhammad Saeed, Muhammad Ismail and Tahir Hussain who were apprehended during the search of the truck and Charas weighting 6000 kilograms was recovered. He further contended that all the co-accused have been escaped from the police custody whereas petitioner is still in custody. According to learned counsel, petitioner is suffering from chronic liver disease (HCV + VE) with normal ultrasound of abdomen, SGPT increase which the PCR HCV virus detected and can be treated with specific inter feron therapy (6 months), as disease has long chronic course, one cannot predict the course. He referred to the report of Chief Medical Officer, Central Prison-I, Sukkur wherein it is mentioned that treatment is only inter feron therapy and anti viral which is not possible in jail due to lack of fund. He contended that learned High Court has not considered the health condition and medical report of petitioner though mentioned in the order of the learned trial Court.
3. On the other hand Mr. Masood A. Noorani, learned Additional Advocate-General, Sindh controverted above contentions and contended that petitioner is suffering from the disease which can be cured inside the jail.
4. We have given anxious thought to the contentions raised at the bar and are of the opinion that petitioner is in custody for more than four years and trial has not been concluded. The petitioner is suffering from a chronic disease which cannot be treated while keeping him in custody.
Accordingly, petition is converted into appeal and is allowed. Appellant Sardar Amjad Ali Khan is granted bail subject to furnishing surety in the sum of Rs,2,00,000 (Rupees two lacs) with P.R. Bond in the like amount to the satisfaction of the trial Court.##TE#
Cited by 5 cases
- Muhammad Akmal son of Riaz Hussain vs The State, etc 2023 LHC 6429, 2024 YLR 1619, PLJ 2024 Cr.C. 852
- Qudrat Ullah vs The State and others 2022 PLD Lahore 512
- Amjad Khan vs The State 2022 MLD 520
- Raja MUHAMMAD RIZWAN Versus State 2017 MLD 1522
- MUREED vs THE STATE 2010 MLD 318