Haji RAHIMULLAH vs THE STATE AND ANOTHERs
This matter arises from a petition for leave to appeal filed by the petitioner against the cancellation of his bail by the High Court, which had overturned the Additional Sessions Judge's order granting bail under the grounds of infirmity and old age. The core legal question is whether old age and illnesses such as gastritis and lumbago constitute sufficient grounds for the grant of bail under Section 497 of the Code of Criminal Procedure. The Supreme Court held that old age by itself does not warrant bail, and minor ailments treatable within a jail hospital do not render an accused a sick or infirm person within the contemplation of the statutory proviso. Consequently, the court dismissed the petition for leave to appeal. The key principle laid down is that advanced age and easily curable conditions managed within prison medical facilities do not justify the statutory exception for bail on grounds of sickness or infirmity.
- Does old age by itself constitute a sufficient ground for the grant of bail?
- Whether gastritis and lumbago treated in a jail hospital make an accused a sick or infirm person under Section 497 of the Code of Criminal Procedure?
- When can the High Court interfere with an order granting bail passed by a lower court?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
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 1 case
- GULZAR vs KARIM BAKHSH AND 2 Others 1978 P Cr. L J 146