KHANWAIZ vs THE STATE and another
The accused-petitioner, charged under Section 302 of the Pakistan Penal Code 1860 in FIR No. 288 dated 1-8-1999, approached the Peshawar High Court seeking post-arrest bail on the ground of unsoundness of mind, specifically suffering from Chronic Schizophrenia, after his bail application was dismissed by the Sessions Judge, Abbottabad. The core legal question was whether an accused suffering from a chronic mental illness such as schizophrenia, whose proper treatment is not possible in jail confinement, is entitled to release on bail on medical grounds. The Peshawar High Court held that since the medical report confirmed the accused suffers from Chronic Schizophrenia and proper treatment involving drugs, physiotherapy, and familial support is not available in jail, the petitioner is entitled to bail. The court laid down the principle that medical grounds, particularly chronic psychiatric illnesses requiring specialized care and family support not feasible in prison, constitute sufficient grounds for the grant of post-arrest bail.
- Whether an accused suffering from Chronic Schizophrenia is entitled to post-arrest bail on medical grounds?
- Does the lack of proper psychiatric treatment facilities in jail justify the release of an accused on bail?
- Can bail be granted to an accused of unsound mind subject to sureties ensuring proper care and prevention of self-harm or harm to others?
- Section 302, Pakistan Penal Code 1860
- Section 466(1), Code of Criminal Procedure 1898
' Having been involved in case registered vide F.I.R. No,288, dated 1-8-1999 under section 302, P.P.C.
In Police Station Havelian, Abbottabad, the accused-petitioner applied for his release on bail in the Court of learned Sessions Judge, Abbottabad but his application was dismissed vide order, dated 14-1-2000. He has now approached this Court for his release on bail.
2. The accused-petitioner is charged under section 302, P.P.C. For murder of one Zardad. Challan of the case was put into the Court of learned Sessions Judge, Abbottabad but before framing the charge against the accused, learned counsel for the petitioner submitted an application under section 466(1), Cr.P.C. For his release on bail on the ground of his unsound-mindedness. He was referred to Mental Hospital Dhodial for examination by Medical Superintendent concerned who examined him on 17-7-1999 and reported that he was suffering from Chroinc Schizo-phrenia and was not in fit mental state to defend himself in the Court. On the basis of said report the learned Sessions Judge dismissed his petition vide order, dated 14-1-2000.
3. Mr. Abdul Shakoor Khan, Advocate, the learned counsel representing the petitioner argued that the petitioner has been confined in jail where proper facilities of treatment are not available to him.
Moreover, due to his confinement, his condition is deteriorating day-by-day. If he is released on bail he would be properly treated and would be in a position to come back to the normal position and defend his case.
4. On the other hand, Mr. Ghulam Mujtaba Khan Jadoon, Advocate and Mr. Sabir Hussain Tanoli, Advocate, the learned counsel representing the complainant and State respectively opposed the release of accused-petitioner on bail on the ground that petitioner is violent and due to his mental disease he always used to abuse and misbehave his parents and even the accused once has caused serious injury to his father.
5. I have heard the learned counsel for the parties and gone through the record.
6. The bail is prayed on the sole ground of sickness of applicant. The plea taken before the trial Court was that the applicant is of unsound mind and sick. He was referred to mental hospital Dhodial for examination and the report of the doctor is that be was suffering from Chronic Schizophrenia and the trial was adjourned sine die. No doubt the accused-petitioner has been suffering from Schizophrenia but it is an admitted position that his treatment in jail is not possible.
His treatment requires combined use of drug physiotherapy and supported therapy. Proper administration of drugs may reduce the sufferings of the petitioner and physiotherapy may also serve to relieve the petitioner's feeling of helplessness and isolation. His parents and near relatives living at home may also help him in their way of dealing to reduce his sufferings. I, therefore, admit him to bail provided he furnishes bail bonds to the tune of Rs 1,00,000 with two sureties each in the like amount to the satisfaction of Additional Registrar of this Court. The sureties are directed that they shall take care of the accused-petitioner so that he may not be able to cause injury to himself or to any other person.