2005 PLP 2144 (YLR)
Haji SHAMAS-UL-HAQ — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 2144 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ch. Iftikhar Hussain, J |
| Parties | Haji SHAMAS-UL-HAQ — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 2144 (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 2005 PLP 2144 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ch. Iftikhar Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 2144 (YLR) (Haji SHAMAS-UL-HAQ — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Azam Nazir Tarar for Petitioner.
- Date of hearing: 7th October, 2004.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 324, 337-A(i), 337-A(ii), 337-B(1), 337-D, 148 & 149
Bail on ground of illness, grant of
Medical Superintendent had stated that Standing Medical Board of the Government Hospital, had confirmed that accused was suffering from Chronic Hepatitis disease Anti-HCV (Elisa) "Positive"
Accused was suffering from such a viral disease, which could be detrimental to his health as well as other inmates of the jail
Treatment of such disease was not available in the jail
Accused, in circumstances was .entitled to be released on bail on ground of sickness in view of first proviso to S.497(1), Cr.P.C. Shahzad Hassan for the State. Muhammad Hussain Chachar for the Complainant.
Judgment & Decree
Petitioner Shamas-ul-Haq through the instant petition has sought for post-arrest bail in case F.I.R. No.303, dated 7-9-2003 under sections 324/337-A(i), 337-A(ii), 337-B(i), 337-D, 148, 149, P.P.C. registered with Police Station, Bhawana, District Jhang.
2. The bail has been sought on the ground that he is suffering from chronic Hepatitis viral disease Anti-HCV (Elisa) "Positive" and so he is sick and in view of the first proviso to section 497(1), Cr.P.C. is entitled to the bail on that score alone.
3. Learned counsel for the State assisted by learned counsel for the complainant has apposed the petition.
4. I have carefully considered the submissions made from both the sides with the help of available record. It may be mentioned here that on the last date i.e. 27-9-2004, it was directed by this Court that report about the state of health of the petitioner from Medical Superintendent, Services Hospital, Lahore may be obtained, Requisite report has been submitted. The Medical Superintendent has reported that standing Medial Board, Services Hospital, Lahore has confirmed that he is suffering from chronic Hepatits viral disease Anti-HCV (Elisa) "Positive". It means that the petitioner is suffering from a viral disease, which may .be detrimental to his health as well as the other inmates of the jail. There is no denying fact that treatment of such disease is not available in jail.
5. The petitioner thus is entitled to be released on bail on the ground of sickness alone in view of the first proviso to section 497(1), Cr.P.C. I, therefore, accept this petition and admit him to bail subject to his furnishing bail bone in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./S-370/L Bail granted.