MUHAMMAD SACHAL vs THE STATE
This is a criminal bail application filed by the accused Muhammad Sachal, facing trial under sections 302, 504, 452, 114, 147, 148, and 149 of the Pakistan Penal Code 1860 in Crime No. 38 of 1998 registered at Police Station Airport, following the rejection of his earlier bail plea by the Additional Sessions Judge, Jacobabad. The core legal question before the Sindh High Court was whether the accused was entitled to post-arrest bail on the ground of serious sickness and ailment. The court held that a sufficient case for bail was made out based on the medical certificate issued by a Cardiologist at Chandka Medical College Hospital, Larkana, indicating that the applicant suffers from Ischaemic Heart Disease with Left Ventricular Dysfunction and that continued detention would be detrimental to his life. The key principle laid down is that where medical opinions substantiate that an accused person's detention in jail poses a threat to their life due to severe illness, post-arrest bail may be granted.
- Whether an accused suffering from Ischaemic Heart Disease is entitled to post-arrest bail on medical grounds?
- Does continued detention of a seriously ill accused person provide sufficient ground for the grant of bail?
- Can a bail application be pressed solely on the basis of a medical certificate issued by a recognized hospital cardiologist?
- Section 302, Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 114, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. ' Muhammad Sachal applicant/accused is facing trial for offence under sections 302/504/452/114/147/148 and 149, P.P.C. Being the Police Crime No,38 of 1998 of Police Station Airport. Bail application on behalf of accused/ applicant was moved which was rejected by the learned Lind Additional Sessions Judge, Jacobabad vide order dated 24-1-1998 hence the present application.
2. ' Mr. Haji Qutubuddin Thahim learned counsel for the applicant/accused contends that he is pressing the bail application only on account of medical certificate as according to him the applicant/accused is sick person and his detention in jail is detrimental to his life. According to him applicant/accused was referred to Cardiologist, Chandka Medical College Hospital, Larkana who after examining the applicant/accused forwarded his opinion which reads as under: "He is having Ischaemic Heart Disease with mild to modevate L.V., Dysfuction. He is symptomatic and partially controlled on medical treatment. He requires Medical Supervision off and on. His detention may be detrimental to life, as reported by Dr. Saeed Ahmed Sangi."
3. According to medical certificate applicant is heart patient and his detention inl4 jail could be detrimental to his life.
4. ' Mr. Ghulam Sarwar Korai for Additional Advocate-General opposes the hail application and states at the bar that the trial. Court may be directed to examine the Doctor.
5. The bail application is being pressed only on the basis of ailment of the applicant/accused which is certified by the Cardiologist referred to hereinabove. In view of the medical certificate case for grant of bail is made out. Consequently, I allow the application. Applicant be released on bail on furnishing one solvent surety in the sum of Rs,2,50,000 and P.R. Bond in the like amount to the satisfaction of the Trial Court.
Cited by 3 cases
- TARIQ NAZIR vs THE STATE 2003 YLR 2550
- SUFIAN SHAIKHANI vs THE STATE 2003 P Cr. L J 855
- HISAMUDDIN vs THE STATE 1999 YLR 1546