Malik ANJUM FAROOQ PIRACHA vs Ch. MUHAMMAD ASIF and another
This matter arises from a petition for leave to appeal filed by the complainant seeking the cancellation of bail granted to the respondent by the High Court on medical grounds. The respondent is facing trial for offences including murder and attempt to murder under the Pakistan Penal Code. The core legal question concerns the propriety of the High Court's discretion in granting post-arrest bail to an accused suffering from ischemic heart disease who had remained in custody for a prolonged period, and whether such an order warrants interference by the Supreme Court. The Supreme Court held that the High Court's exercise of discretion in granting bail was justifiable, taking into account the medical certificate from the Punjab Institute of Cardiology, the duration of incarceration, and the delay in the trial not attributable to the accused. Consequently, the court refused leave to appeal and dismissed the petition, laying down that appellate interference with a High Court's discretionary grant of bail on medical and statutory delay grounds is unwarranted where proper medical evidence and prolonged custody are established.
- Whether bail can be granted on medical grounds to an accused suffering from heart disease?
- Does prolonged incarceration without the trial being in sight justify the grant of bail?
- When will the Supreme Court interfere with the High Court's discretion in granting bail?
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
ORDER
1. SAJJAD ALI SHAH, C.J.---Petitioner is complainant and seeks cancellation of bail granted to respondent Chaudry Muhammad Asif by the High Court vide order dated 11-4-1994 on medical ground that he is suffering from heart trouble. According to 'the prosecution case, respondent Chaudhry Muhammad Asif is facing trial for offence under section 324/148/149, P.P.C. In which section 302, P.P.C. Was subsequently added when injured Altaf Hussain died. Allegation against the respondent is that he caused fire-arm injury to prosecution witnesses Muhammad Siddique, which was subsequently declared by the doctor to be simple in nature. Certificate of Professor Dr. Shehryar Ahmed Sheikh of Punjab Institute of Cardiology, Lahore was produced showing that respondent was suffering from Ischamic Heart Disease Angina Pectoris as shown by Angiography and E.T.T. Test. Respondent had remained in custody for about 2-1/2 years. High Court was impressed by the fact that conclusion of trial was not within sight as the counsel for the complainant did not attend the hearing in the trial Court, which was fixed for four days continuously. High Court has exercised its discretion inthe grant of bail which appears to be justifiable with which no interference is warranted of this Court. In the result leave is refused and the petition 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.