SAJJAD AHMAD alias NONA vs THE STATE
This matter arises from a petition for leave to appeal filed against the order of the Lahore High Court, which had dismissed the petitioner's subsequent bail application. The core legal question was whether a fresh bail application on a new ground, namely subsequent illness supported by a jail medical certificate, could be dismissed merely as a review of a previous bail cancellation order without considering the new ground. The Supreme Court of Pakistan held that a fresh bail application based on fresh grounds must be considered on its own merits rather than treated as a review of an earlier order. The Supreme Court converted the petition into an appeal, allowed it, and remanded the matter back to the High Court for a fresh decision taking into consideration the medical report of the jail doctor.
- Whether a subsequent bail application on fresh grounds can be dismissed as a review of a previous bail cancellation order?
- Can a fresh medical report from a jail doctor constitute a fresh ground for bail?
- How should a court handle a bail application based on new circumstances arising after the dismissal of an earlier petition?
- Section 302/34, Pakistan Penal Code
- Section 497(5), Code of Criminal Procedure 1898
ORDER
' FAZAL ILAHI KHAN, J.---In the report lodged by Muhammad Asghar Javed under section 302/34, P.P.C. At Police Station Sammanabad, Lahore, the accused/petitioner along with his co-accused was charged for the said offence.
2. Petitioner's pre-arrest bail application was dismissed by the learned Additional Sessions Judge on 23-1-1995. However, on re-investigation when the police found the petitioner innocent, on such fresh ground the petitioner moved an application for his post arrest bail, which was granted by the learned Additional Sessions Judge, on 27-2-1995.
3. The complainant, however, approached the learned Lahore High Court for cancellation of bail under section 497 (5) of the Cr.P.C. The learned High Court cancelled the bail vide order dated 25- 4-1995 on merits. This order was not challenged and became final.
4. The petitioner allegedly fell ill and on the basis of the medical certificate furnished by Jail Doctor on 21-1-1996, the petitioner again approached the learned Sessions Judge for grant of bail. For the reasons given therein such plea was not accepted and the application was dismissed by order dated 22-1-1996. His application was also dismissed by the learned High Court on 12-3-1996 with the observation, without commenting upon the medical certificate issued by the Jail Doctor, that there was no good ground to review the previous order. Leave is prayed for against the said order.
5. Learned counsel for the petitioner has placed on file the medical certificate dated 19-1-1996.
Apparently the learned High Court considering the application as review application of his lordship's previous order, dismissed the same without commenting on the medical certificate/report. The contention of the learned counsel that it was not an application for review of the previous order of the learned High Court, rather it was a fresh application for bail on fresh ground raised before the learned Additional Sessions Judge, apparently has got some force. We, therefore, convert this petition into appeal and allow the same. The case is sent back to the learned High Court for decision afresh after taking into consideration the judgment of the learned Additional Sessions Judge in the light of the medical report of jail doctor.