NAZEER KHAN vs THE STATE and another
This application under section 426 of the Code of Criminal Procedure 1898 was moved by the petitioner Nazeer Khan seeking suspension of his sentence of imprisonment for life and release on bail solely on medical grounds. The core legal question was whether a convicted prisoner suffering from an ailment is entitled to suspension of sentence and release on bail when the medical report does not state that adequate treatment is unavailable in jail. The Peshawar High Court dismissed the application, holding that the petitioner's medical condition—right side hemiplegia requiring management and regular physiotherapy—did not indicate that he could not be treated within the jail hospital, and his disease was not of a nature that warranted the suspension of his sentence or release on bail. The key principle laid down is that medical grounds for suspension of sentence post-conviction require clear proof that the necessary treatment cannot be provided within the prison medical facilities.
- Can a sentence of imprisonment for life be suspended on medical grounds under section 426 of the Code of Criminal Procedure 1898?
- Whether a convicted prisoner is entitled to release on bail when the medical board report fails to show that treatment cannot be provided in the jail hospital?
- Section 426, Code of Criminal Procedure 1898
' ATTAULLAH KHAN, J.---This application under section 426, Cr.P.C. Has been moved by petitioner Nazeer Khan for his release on bail by suspending the sentence of imprisonment for life awarded to him on 15th March, 2011 by the learned Additional Sessions Judge-I, Kohat, solely on medical ground.
2. The learned counsel appearing on behalf of the petitioner while referring to the report of the medical board contended that petitioner is suffering from ailment of fatal nature, the treatment whereof is not possible in the Jail and as such it is in the interest of justice to enlarge him bail so that his treatment could be made in the Hospital outside the Jail.
3. While on the other hand, the learned counsel for the State assisted by the learned counsel for the complainant opposed the grant of . Bail and requested for earlier fixation of the main appeal.
4. We have gone through the record of the case carefully and have also considered the submissions made by the learned counsel for the parties.
5. On 5-5-2011, this court directed the Director General, Health Services to get the petitioner examined through a Standing Medical Board in order to know about actual nature of his disease.
The Standing Medical Board opined as under:-- "The Standing Medical Board is of the opinion that he is suffering from right side hemiplegia, exaggerated reflexes. Needs proper management and regular physiotherapy".
' The perusal of the above quoted caption of the report clearly reveals that it is nowhere mentioned that the petitioner cannot be treated in the Jail Hospital. Petitioner is admittedly undergoing imprisonment for life and his disease is not of the nature calling for his release on bail or suspension of his sentence. The application being without any substance stands dismissed.