ABDULHAMEED vs The STATE
This petition for leave to appeal arose from a bail matter where the petitioner was charged with fraud, criminal breach of trust, forgery, and using forged documents as genuine under the Pakistan Penal Code. The core legal question was whether a petitioner who has been granted interim bail on medical grounds, but is actively avoiding appearance before the High Court after the genuineness of his medical certificate was doubted, is entitled to be admitted to bail by the Supreme Court on the basis of a private medical certificate. The Supreme Court declined to grant bail, noting that the petitioner was evading arrest and failing to appear before the High Court despite orders to be taken into custody. The key principle laid down is that a petitioner who is avoiding the process of the court and evading arrest after his interim bail conditions are questioned is not entitled to discretionary relief of bail from the apex court.
- Can a petitioner who is actively evading appearance before the High Court seek discretionary bail from the Supreme Court?
- Whether a private medical certificate advising bed rest is sufficient to grant bail when the genuineness of previous medical grounds is under doubt by the High Court?
- What is the effect of a petitioner avoiding arrest and court appearance on his petition for leave to appeal in a bail matter?
- Section 420, Pakistan Penal Code 1860
- Section 406, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
1. JAVID IQBAL, J.-- This is a petition for leave to appeal in a matter of bail. Petitioner Abdul Hameed was charged with offences under sections 420, 406, 468 and 471 of the Pakistan Penal Code at Police Station City Sheikhupura on 11th June, 1986. The allegation against him was that he had defrauded the complainant Syed Qasim A.I Shah into purchasing a non-existent plot from Muhammad Hanif etc. Vendors and thereby rendering him a loss of more than Rs.6,00,000. He was allowed interim bail on medical ground by a learned Single Judge of the Lahore High Court, Lahore but subsequently it was doubted whether medical certificate was genuine or not. Therefore the learned Judge ordered that he be taken into custody by the police and produced before him in the Court, but he had been avoiding arrest. While this is the state of affairs he has now come before us and wants to be admitted to bail on medical ground on the basis of a medical certificate issued by a private doctor dated 17th October, 1986 that he was suffering from lumbago and that had been advised bed rest on a hard bed. In fact the position is that he has already been allowed interim bail and is avoiding appearance before the learned Judge.