BAHADUR KHAN Versus THE STATE
This matter concerns a post-arrest bail application filed by an accused facing trial for offences under sections 324, 148, and 149 of the Pakistan Penal Code 1860. The applicant, previously denied bail on merits, sought relief on medical grounds, citing severe health conditions including diabetes, hypertension, posterior myocardial infarction, unstable angina, and spinal cord injury with associated neurological deficits. The medical report from the Chief Medical Officer of Central Prison, Karachi, confirmed the applicant's critical condition and the unavailability of necessary specialized treatment, particularly physiotherapy, within the prison facility. While the complainant requested the constitution of a medical board, the State conceded to the bail plea. The Court, observing the applicant's prolonged custody and the documented necessity for specialized medical care unavailable in jail, held that the applicant was entitled to bail. The Court granted the application, emphasizing that the applicant's serious medical condition and the lack of adequate treatment facilities in custody justified the release on bail, subject to the furnishing of solvent surety.
- Is an accused entitled to bail on medical grounds if the prison facility lacks the specialized treatment required for their condition?
- Does the unavailability of physiotherapy in a jail hospital constitute a valid ground for granting bail to an ailing prisoner?
- Can a court grant bail on medical grounds even if previous bail applications on merits were dismissed?
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 154, Code of Criminal Procedure 1898
ORDER
1. The applicant stands challaned for offences under sections 324, 148, 149, P.P.C. and is facing trial alongwith other co‑accused, before the Court of Sessions Judge, Karachi, West. He has come for bail after dismissal of his bail application by the trial Court.
2. The prosecution case briefly stated is that on 3‑4‑2000 when the complainant Haji Abdullah Khan came out alongwith his son Ahmed Khan after offering Zohar prayers at about 2‑00 p.m. in Dastagiri Masjid within the jurisdiction of Police Station. Pak Colony, five accused persons including the applicant, with three other unknown assailants, started firing at the complainant and his son as a result of which the complainant tot seriously injured and fell down on the ground. The assailants thereafter fled away in their two vehicles parked nearby. Besides, complainant's son Ahmed Khan P. Ws. Inayatullah and Zar Khan were also present, who and other persons available there also witnessed the incident. Injured complainant was immediately taken to Civil Hospital by his son with the help of other persons available there and got the injured admitted in the Civil Hospital. On intimation P.W.S.‑I. Muhammad Zaman reached Civil Hospital and recorded the statement of the injured, which was later incorporated in the 154, Cr.P.C. book on the same day at 4‑30 p.m. as F.I.R. No.55 of 2000 of Police Station Pak Colony. The motive of the offence as disclosed in the F.I.R. is the old enmity exciting between the parties, due to murder of the complainant's son Habibullah Khan, at the hands of the applicant party.
3. Applicant's Criminal Bail Application No.525 of 2000 was dismissed on merits of the case by this Court by an order, dated 9‑6‑2000. His next Application for Bail bearing No.1176 of 2000 was however, dismissed as withdrawn by an order, dated 11‑12‑2000, as the applicant wanted to seek bail on medical grounds. Having failed to get the relief of bail by the trial Court, he has repeated the present bail application.
4. It was contended on behalf of the applicant that final challan submitted on 21‑6‑2000 does not mention the name of the applicant as an accused sent up for trial, as the applicant's name is put in Column No.2 of the challan. It was added that by an order, dated 23‑6‑2000 the applicant and co‑accused Aurangzeb were ordered to be released on P.R. Bond for Rs.50,000 by the Incharge Sessions Judge, upon receipt of the final report, dated 21‑6‑2000, subject to final order to be passed by the Sessions Judge. The learned Sessions Judge however, recalled the order passed on 23‑6‑2000.
5. Reverting to the ground of sickness the learned counsel referred to the medical report of the Chief Medical Officer, Central Karachi, dated 20‑12‑2000 which is reproduced hereinbelow:‑‑
6. To
7. The Superintendent,
8. Central Prison, Karachi 9.
9. Sub. Medical Report of UTP Bahadur Khan Niazi Son of Raj Meer.
10. Ref.____________ Letter No. Nil, dated 18‑12‑2000
11. UTP Bahadur Khan Niazi is known case of Diabetes Mellitus and hypertension. He is suffering from Posterior Myo‑Cardial infraction and unstable angina. He was admitted in NICVD Hospital. Echocardiograph was performed. According to Echocardiograph report his heart is working 35%. There is severe coronary insufficiency, left ventricle in enlarged and dysfunction. He has been strictly advised by Consultant Cardiologist NICVD to avoid stressful conditions. Patient was admitted in Agha Khan University where Angiography performed showing blockage of vessel. UTP had received gunshot injury over lumbo social region of vertebal column. He was admitted in JPMC, Neurological Department where was examined by Professor Dr. Shaukat Ali. Due to spinal cord injury there is pain over both thighs with perennial numbness on examination he has right foot drape and deceased motor power in left hand causing contracture. He has been advised regular physiotherapy by Neurosurgeon. Such facilities for physiotherapy treatment are not available in Central Jail Hospital. This is for information.
12. (Sd.)
13. Chief Medical Officer,
14. Central Prison, Karachi."
15. And submitted that in view of such medical report the applicant was entitled to his released on bail. He placed reliance upon:‑‑
(1) 1986 SCMR 847, (2) 1982 SCMR 975 (3) 1997 MLD 2484, (4) 1999 PCr.LJ 1237 and (5) 1995 PCr.LJ 1613.
16. On the other hand Mr. M.A. Kazi, learned counsel appearing for the complainant while opposing the bail plea, submitted that complainant has made an application to the trial Court constitution of a Medical Board and we should wait for the result of the Medical Board.
17. Mr. Suleman Habibullah learned Additional Advocate‑General appearing for the State however, conceded to the prayer of bail.
18. Besides the above medical report, there are other documents relating to the sickness of the applicant and are placed from pages 99 to 239. These pertain to the medical history, check‑ups of the applicant and prescriptions, at well‑known hospitals in Karachi. The applicant admittedly is in a seriously injured condition and is in custody since last about 9 months. The applicant needs specialized treatment which is reportedly not available inside the jail.
19. In, view of the above applicant appears to be entitled to bail which is allowed to him subject to his furnishing a solvent surety in the sum of Rs.5,00,000 (Rupees five lacs only) and P.R. Bond in the like amount to the satisfaction of the trial Court. For the reasons as aforesaid by a short order, dated 19‑1‑2001, the bail application was allowed and, disposed of.
20. H.B.T./B‑84/K Bail allowed.