PLJ 2013 Cr.C. (Lahore
Present: Muhammad Khalid Mahmood Khan, J.
MUHAMMAD SHAFIQUE--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 247-B of 2013, decided on 17.5.2013.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 148 & 149--Bail, grant of--Medical ground--From the report of the Medical Officer, it was clear that one side of the body of the petitioner was completely dead and there was no chance of its revival--Petitioner was in jail from one year and seven months and at present he was unable to escape or to take any adverse action against the prosecution witnesses' or cause any loss to the prosecution--Humanitarian ground that the petitioner was unable to move due to the complete failure of one portion of his body, this petition was allowed and the petitioner was admitted to post-arrest bail. [P. 720] A
M/s. Hashim Sabir Raja and Ch. Nawab Ali Mayo, Advocates for Petitioner.
Mr. M. Shehzad Khan, Advocate for Complainant.
Mr. Shahid Bashir Chaudhry, Deputy Prosecutor General for State.
Mr. Ijaz ASI with record.
Mr. Ijaz Asghar, Superintendent, District Jail, Lahore and Dr. Ahmed Zulfiqar, Medical Officer, District Jail, Lahore
Date of hearing: 17.5.2013.
Order
Muhammad Shafique, petitioner claims bail in case FIR No. 434/2011 dated 22.05.2011 for the offence under Sections 302/148/149, PPC registered at Police Station CityRaiwind, District Lahore, on the medical ground.
2. The Medical Board was constituted and the Medical Superintendent, Services Hospital, Lahore on 01.04.2013 submitted his report, relevant portion of the same reads as under:--
"There is no organic cause for his right sided weakness. Needs psychiatric evaluation and opinion";
3. Then the matter was referred to Consultant Psychiatrist Unit-E P.I.M.H., Lahore
"With reference to the Honourable Court orders dated 29.03.2013 received through Deputy Registrar (Judicial) Lahore High Court Lahore vide No. 27490-CRI-II (CCB), dated 11.04.2013.
As already intimated vide this office endorsement No. 7415-19 dated 08.04.2013 that case will be presented before the Board of Certification in its next meeting scheduled to be held on 25.04.2013 after receiving the most essential neurological examination report by the Neuro-physician, Neurology Department, Mayo Hospital Lahore. It is therefore requested to please issue necessary instructions to the Medical Officer Jail to get the neurological examination report from Neuro-physician, Neurology Department, Mayo Hospital , Lahore
The Medical Social Officer PIMH, Lahore
4. Then the Medical Board, Punjab Institute of Mental Health, Lahore after examining the petitioner has submitted report on 25.04.2013 which reads as under:--
"No Active Psychiatric or Neurological illness at present".
5. The Superintendent Jail and the Medical Officer of the concerned Jail were summoned, who have submitted the report dated 16.05.2013 and stated that right side of the patient is completely dead.
The relevant portion of report dated 16.05.2013 reads as under:--
"The said patient Shafique s/o Mukhtar presented with right sided weakness of six months duration. On examination there are no signs of upper motor signs on affected side and also the face is spared. The MRI of brain which was done after the onset of his weakness was reported normal. Previous opinion by Neuro physician ofServices Hospital
Currently are opinion goes in line with the opinion by Neuro physician of Services Hospital and the patient may be referred to psychiatrists and psychologist for further opinion".
6. From the report of the Medical Officer, it is clear that one side of the body of the petitioner is completely dead and there is no chance of its revival. The petitioner is in jail from one year and seven months and at present he is unable to escape or to take any adverse action against the prosecution witnesses or cause any loss to the prosecution. In these circumstances, keeping in view the humanitarian ground that the petitioner is unable to move due to the complete failure of one portion of his body, this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 500,000/- (rupees five lac) with one surety in the like amount to the satisfaction of the learned trial Court.
(A.S.) Bail admitted
