MUHAMMAD SAFDAR vs The STATE
This matter arises from a petition for leave to appeal directed against the order of the Lahore High Court, Rawalpindi Bench, which disposed of the petitioner's bail application filed on the ground of illness while simultaneously directing a medical check-up by the hospital authorities without awaiting the medical report. The core legal question is whether the High Court was justified in disposing of the bail application prior to receiving the medical report regarding the accused's illness and infirmity. The Supreme Court held that the impugned order of the High Court was unjustifiable as the court ought to have waited for the medical report before passing an appropriate order on the bail application. The Supreme Court converted the petition into an appeal, allowed it, set aside the order, and remanded the matter back to the High Court for fresh hearing and disposal of the bail application in light of its observations. The key principle laid down is that where a bail application is founded on medical grounds, the court must await the medical report before finally disposing of the matter.
- Whether a High Court can dispose of a bail application based on medical grounds without awaiting the medical report?
- Is an order disposing of a bail application without examining the requisite medical evidence justifiable?
- What is the appropriate course of action for an appellate court when a bail petition is decided prematurely before the receipt of a medical report?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 498, Code of Criminal Procedure 1898
ORDER
MUHAMMAD MUNIR KHAN, J.---This petition for leave to appeal directed against the order dated 18-4-1995 of the Lahore High Court, Rawalpindi Bench, arises from the facts that Muhammad.
Safdar was arrested in case under section 302/324/34, P.P.C., registered at Police Station Rewat, District Rawalpindi and remanded to judicial custody. He applied for bail on the ground of illness and infirmity which was refused by the Additional Sessions Judge, Rawalpindi, on 11-4-1995. He then applied to the Lahore High Court, Rawalpindi Bench, for bail on the same grounds, which was heard on 18-4-1995 and it was directed that Superintendent, Central Jail, Rawalpindi shall get the petitioner checked from the District Headquarters Hospital, Rawalpindi and the main application was simultaneously disposed of the impugned order which reads:-- "Malik Rab Nawaz Noon, Advocate.
Superintendent, Central Jail, Rawalpindi is directed to get the petitioner checked from District Headquarters Hospital, Rawalpindi and have him treated at the same hospital, if advised by the M.S. Of that hospital. Disposed of."
2. We have heard the learned counsel for the petitioner and the counsel for the State.
3. In his petition under section 498/497, Cr.P.C., made to the High Court, the petitioner prayed for his release on bail on the ground of illness. ' Learned High Court, on the one hand directed his medical examination, but at the same the, disposed of the bail application. The order at its face seems to be unjustifiable. We feel that instead of disposing of the application, the learned High Court should have waited for the medical report and on the receipt of the same appropriate order should have been passed.
4. In this view of the matter, the petition is converted into appeal and allowed. We direct that the case be sent back to the High Court for hearing and disposal of the bail application afresh within one month in the light of the observations made above. We are told that application of the petitioner for interim bail is also pending in the High Court. If so, the High Court shall decide that application in accordance with law.