ABBAS vs THE STATE

This petition for leave to appeal, converted into an appeal, challenges an order of the Lahore High Court which declined the grant of post-arrest bail to the petitioner on medical grounds. The petitioner, facing trial for offences under the Pakistan Penal Code 1860, sought bail due to suffering from Hepatitis-C. The High Court had previously denied the request, reasoning that while the disease was infectious, it did not pose a risk of transmission through casual contact. Upon review, the Supreme Court of Pakistan examined the medical evidence regarding the petitioner's condition. The Court held that the serious nature of the ailment warranted the grant of bail, notwithstanding the High Court's findings regarding the risk of transmission. Consequently, the Supreme Court set aside the impugned order, allowed the appeal, and admitted the petitioner to bail subject to furnishing bail bonds. The judgment underscores the principle that the severity of a chronic, serious medical condition can constitute sufficient grounds for the grant of bail, even where the immediate risk of contagion to others in a custodial setting may be limited.