Muhammad Ashfaq vs State etc
This matter comes before the Lahore High Court through a petition filed under Section 497 of the Code of Criminal Procedure 1898, whereby the petitioner Muhammad Ashfaq sought post-arrest bail in case FIR No. 83 registered under Section 9-C of the Control of Narcotic Substances Act 1997. The core allegation against the petitioner was the alleged recovery of 2100-grams of charas upon his personal search. The primary legal question addressed is whether an accused suffering from a severe and debilitating illness, specifically HIV/AIDS, is entitled to post-arrest bail on medical grounds when incarceration poses a serious threat to life and there is a lack of progress in the trial. The court held that the petitioner made out a case for bail solely on medical grounds owing to his deteriorating health condition and prolonged incarceration without trial progress. The court accordingly allowed the petition, admitting the petitioner to post-arrest bail subject to the furnishing of requisite security bonds.
- Whether an accused suffering from a severe disease like HIV/AIDS is entitled to post-arrest bail on medical grounds?
- Does prolonged incarceration without tangible progress in the trial justify the grant of bail in narcotics cases?
- Can post-arrest bail be granted under Section 497 of the Code of Criminal Procedure 1898 based on the deteriorating health of the accused?
- Section 497, Code of Criminal Procedure 1898
- Section 9-C, Control of Narcotic Substances Act 1997
ORDER
Through this petition under Section 497, Cr.P.C. petitioner Muhammad Ashfaq has sought post arrest bail in case FIR No. 83 dated 09.02.2021, in respect of an offence under Section 9-C of The Control of Narcotic Substances Act, 1997, registered at Police Station City Mian Channu, District Khanewal.
2. The allegation against the petitioner is that he was apprehended by the police contingents on a tip-of f and on his personal search charas weighing 2100-grams was recovered from his possession.
3. Heard. Record perused.
4. The petitioner has applied for his post-arrest bail solely on the medical ground. Report dated 03.07.2021 submitted on behalf of Medical Officer, District Jail Khanewal shows that the petitioner is patient of HIV/AIDS, during his treatment he has undergone many complications and apparently general weakness is found in his health coupled with other diseases which is deteriorating. He is behind the bars since 09.02.2021 without any tangible progress in the trial. His further incarceration in the jail, when he is suffering from a severe disease i.e. HIV/AIDS, can not only lead to his life and health even to others. The petitioner is behind the bars since his arrest Le.
09.02.2021 without any progress in the trial, thus, he is entitled to be released on bail only on the medical ground.
5. In view of above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/-with one surety in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.