2003 PLP 2213 (YLR)
AKBAR JAWED — Applicant Versus THE STATE — Respondent
| Citation | 2003 PLP 2213 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Sarmad Jalal Osmany and Rehmat Hussain Jafferi, JJ |
| Parties | AKBAR JAWED — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2003 PLP 2213 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 2213 (YLR)?
The case was heard and decided by the Karachi bench comprising: Sarmad Jalal Osmany and Rehmat Hussain Jafferi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 2213 (YLR) (AKBAR JAWED — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 11th April, 2003.
- 3. We have heard the advocate for the applicant, D.A.-G. for the State and perused the record of this case very carefully. The learned advocate for the applicant has stated that the applicant is suffering from disease known as Scabies which is a contagious disease, therefore, his treatment is not possible in the hospital and his remaining in the jail would be hazardous to his life. He has relied upon the cases of Muhammad Yousafullah Khan v. State PLD 1995 SC 58, Manzoor Ahmad Wattoo v. State 2000 SCMR 107, Muhammad Saeed Mehdi v. State 2002 SCMR 282 and the unreported case of Hakim Ali Zardari v. State (Accountability Appeal No.60 of 2002).
- 7. We have examined the case-law cited by the advocate for the applicant. In the case of Muhammad Yousafullah Khan (ibid) the Honourable Supreme Court of Pakistan observed as under:--
Headnotes / Summary
S.497, first proviso
Penal Code (XLV of 1860), Ss. 409, 420, 468, 471, 477-A & 34-- Prevention of Corruption Act (II of 1947), S.5(2)
Grant of bail on medical ground-- Accused had sought bail on medical ground contending that he was suffering from disease known as 'scabis' which was a contagious disease treatment of which was not possible in jail hospital and that his remaining in jail would be hazardous to his life
In order ascertain correct position about disease of accused he was referred to be examined Medical Board and Board after examination of accused in its report had recommend certain medicines and creams which were t be applied by accused and that no further specialized treatment was required--From report of Medical Board his disease was not found hazardous to his life an medicines recommended by Board could be used by him in jail or in hospital- Accused, in circumstances, held, was no entitled for concession of bail. Muhammad Yousafullah Khan v. State PLD 1995 SC 58; Manzoor Ahmad Wattoo v. State 2000 SCMR 107 Muhammad Saeed Mehdi v. State 2002 SCMR 282 and Hakim Ali Zardari v. State Accountability Appeal No.60 of 2002 ref. I. A. Hashmi for Applicant. Syed Mehmood Alam Rizvi, D.A. G. for the State.
Judgment & Decree
Tab. Atarax 25 mg 1 +0+ 1 Fucicort cream apply at night and after bath. After the first 1 week of above mentioned treatment, patient should be given the following treatment:-- Tab. Deltacortil 4+2+0 for one week Tab. Deltacortil 4+0+0 for one week. Tab. Deltacortil 3+0+0 for one week Tab. Deltacortil 1-1/2+0+0 for three weeks Dermovate NN Oint. 1 part Vaseline pet. Jelly 4 parts Apply on wet skin after bath for itchy areas. Tab. Zeatin 1 O.D. in the evening for itching. . Avoid hot water and use a creamy soap like Dove for bathing. Avoid hot environment and congested set up as this disease is contagious and as it is infected the patient needs hospital admission.
6. From the perusal of report it is clear that the Board had recommended certain medicines and creams which are to be applied by the applicant. No further specialized treatment is required. The Board recommended that the patient needs hospital admission. From the report of the Medical Board it is clear that the disease is not such which is hazardous to the life of the applicant. The medicines can be applied while the applicant remains in jail or other hospital.
7. We have examined the case-law cited by the advocate for the applicant. In the case of Muhammad Yousafullah Khan (ibid) the Honourable Supreme Court of Pakistan observed as under:-- "...The correct criteria for grant of bail to an accused in a non-bailable case, on medical ground, in our view, would be that the sickness or ailment with which the accused is suffering is such that it cannot be properly treated within the premises of jail and that some specialised treatment is needed and his continued detention in jail is likely to affect his capacity or is hazardous to his life ...."
8. In the cases of Muhammad Saeed Mehdi and Manzoor Ahmed Wattoo (supra) the principle laid down in the above authority was applied to the facts and circumstances of the cases and then bail applications were decided.
9. In the unreported case of Hakim Ali Zardari (supra) this, Court found that the appellant was almost a crippled person and was not able to perform his per-suits of life on his own, therefore, the bail was granted.
10. In the present case after applying the principle laid down in the case of Muhammad Yousafullah Khan (supra) for the grant of bail on medical ground we find that the case of the appellant does not fall within the said principle, therefore, he is not entitled for the concession of bail. However, keeping in view the recommendations of the Medical Board we direct that the applicant be admitted in Jinnah Post-Graduate Medical Centre, Karachi, for his treatment or if the applicant wants to be admitted himself in any other hospital of his choice then the name of the hospital alongwith admission documents may be provided to the Superintendent, Central Prison, Karachi, who shall then refer the applicant to the said hospital. All the expenses of private hospitalization, medicines etc. shall be borne by the applicant.
11. Accordingly, this criminal bail application is dismissed. H.B.T./A-446/K Bail application dismissed.