Haji RAHIMULLAH vs THE STATE AND Another
This matter arises from a petition for leave to appeal against the cancellation of bail by the High Court, where the petitioner was charged under sections 302, 307 read with section 149 and section 148 of the Pakistan Penal Code. The core legal question concerns whether old age and ailments such as gastritis and lumbago constitute sufficient grounds for granting bail under section 497 of the Code of Criminal Procedure. The Supreme Court of Pakistan dismissed the petition, holding that old age by itself is not a ground for bail, and that minor illnesses easily amenable to cure in a jail hospital do not render an accused a sick or infirm person within the meaning of the proviso to subsection (1) of section 497. The key principle laid down is that ordinary treatable ailments and advanced age do not automatically entitle an accused charged with heinous offences to statutory bail unless true sickness or infirmity is established.
- Is old age by itself a sufficient ground for granting bail under section 497 of the Code of Criminal Procedure?
- Do conditions like gastritis and lumbago qualify an accused as a sick or infirm person entitled to bail?
- Whether the High Court is justified in cancelling bail granted on improper grounds of infirmity?
- Section 302, Pakistan Penal Code
- Section 307, Pakistan Penal Code
- Section 149, Pakistan Penal Code
- Section 148, Pakistan Penal Code
- Section 497, Code of Criminal Procedure
ORDER
1. MUHAMMAD YAQUB ALI, J.-The petitioner is charged for the offences under sections 302, 307 read with section 149 and section 148, P. P. C. The Additional Sessions Judge, Mardan, allowed him bail on the grounds of infirmity and old age, but a learned Judge in the High Court found the petitioner, by physical appearance, quite fit and the disease of gastritis not sufficient to make him infirm within the purview of sec--tion 497 of the Code of Criminal Procedure. The bail was, accordingly, cancelled.
2. The petitioner seeks leave to appeal on the ground that he was by reason of his- old age and illness entitled to bail. There is no substance in either ground as age by itself is not a ground for bail, nor is the petitioner sick or infirm person within the proviso to subsection (1) of section 497. The learned counsel for the petitioner drew our attention to the certificate issued by the Medical Officer, Central Prison, Peshawar, on the 25th March 1970, that the petitioner is suffering from "gastritis and lumbago" and is an indoor patient in the Jail Hospital since 14-3-1970. The petitioner is thus getting proper treatment for the diseases which are easily amenable to cure in a Jail Hospital.
3. The petition is, accordingly, without any force and is dismissed. 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.
Cited by 4 cases
- SHARJEEL INAM MEMON and others vs NATIONAL ACCOUNTABILITY BUREAU 2019 YLR 1426
- MUHAMMAD AKBAR And Another vs THE STATE 1992 P Cr. L J 2624
- TAHIR vs THE STATE 1990 P Cr. L J 1198
- MUHAMMAD SIBTAIN SHAH vs THE STATE 1981 P Cr. L J 1103