MUHAMMAD RAFIQUE vs THE STATE
This matter arose out of a petition for leave to appeal before the Supreme Court of Pakistan challenging the High Court's refusal to interfere with the cancellation of the petitioner's post-arrest bail. The petitioner, an under-trial prisoner, was initially granted interim post-arrest bail by the Sessions Judge during a jail inspection on medical grounds due to poor health. The bail remained effective for approximately eleven months until it was cancelled owing to the petitioner's non-appearance during trial proceedings. A medical board consulted during the proceedings failed to render a definitive opinion on his health status, while a private doctor recommended an MRI scan to evaluate the need for surgery, which the petitioner failed to undergo. The Supreme Court observed that the impugned judgment of the High Court suffered from no legal infirmity or illegality. Consequently, the Supreme Court held the petition to be devoid of merit, dismissed the same, and refused to grant leave to appeal.
- Whether post-arrest bail granted on medical grounds can be cancelled due to the accused's non-appearance during trial proceedings?
- Whether the Supreme Court will interfere with a High Court order upholding the cancellation of bail where the accused fails to undergo recommended medical evaluation to substantiate health grounds?
'MUNIR A. SHEIKH, J.---The petitioner an under trial prisoner who was lodged in jail, was granted interim post-arrest bail during the inspection of the jail by the learned Sessions Judge which was cancelled due to his non- appearance, during the trial, Against the order of cancellation of bail, before arrest which remained effective for about 11 months. The interim post-arrest bail was granted by the learned Sessions Judge on account of bad health condition of the petitioner. The matter was referred to the board but the, board did not give any definite opinion whereas the private Doctor to whom the petitioner approached, who advised him to get MRI done and thereafter opinion could be given whether the petitioner needed surgery which was not got done by the petitioner.
2. The order passed by the learned Judge of the High Court impugned in this petition does not suffer from any illegality, therefore, this petition being meritless is hereby dismissed and leave refused.