| Case ID |
14dfb5f3-8157-4743-a7aa-07a20a1a7a07 |
| Body |
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| Case Number |
Criminal Bail Application No. S-124 of 2016 |
| Decision Date |
Mar 06, 2017 |
| Hearing Date |
Mar 02, 2017 |
| Decision |
The application for bail was dismissed on the grounds that the accused, Haji Hussain, did not provide sufficient medical evidence to support his claim of infirmity due to age and health issues. The court ruled that the medical report presented was outdated and indicated that the accused had been adequately treated while in custody. The court emphasized that merely being of advanced age does not automatically qualify an individual for bail based on infirmity. The decision highlighted the necessity for a clear demonstration of medical conditions that cannot be treated in jail as a basis for granting bail. The court also directed the trial court to expedite the proceedings of the murder case in question. |
| Summary |
The case revolves around a bail application filed by Haji Hussain, who sought post-arrest bail on medical grounds after being charged with serious offenses including murder and attempted murder. The Sindh High Court, presided over by Justice Mohammed Karim Khan Agha, analyzed the medical evidence presented by Haji Hussain, who argued that his age of 79 years and health condition (specifically Hepatitis-C) warranted his release on bail. However, the court found the medical report to be insufficient and outdated, determining that the accused could receive adequate treatment while incarcerated. The court reiterated the legal standards for granting bail on medical grounds, emphasizing that it requires clear proof that the accused's medical condition cannot be managed within the prison system. Following a thorough review, the court denied the bail application, citing the lack of compelling medical evidence and instructed that the trial should proceed without undue delay. This case underscores the stringent criteria for granting bail in serious criminal cases and the importance of substantiating claims of medical necessity with current and credible evidence. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMED KARIM KHAN AGHA, JUSTICE
|
| Lawyers |
Irshad Hussain Dharejo,
Achar Khan Gabole,
Abdul Rehman Koalchi
|
| Petitioners |
HAJI HUSSAIN
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 892,
2018 YLR 876
|
| Other Citations |
Mohammed Yousafullah Khan v. State PLD 1995 SC 58,
Mian Manzoor Ahmed Watto v. State 2000 SCMR 107,
State v. Haji Kabeer Khan PLD 2005 SC 364,
Ghulam Raza v. Khuda Bux and another 2005 SCMR 1904,
Abbas v. The State 2000 SCMR 212,
Ghous Ali v. The State 2008 PCr.LJ 647,
Haji Allah Ditta v. The State 1987 PCr.LJ 13,
Zarin Khan v. The State 1980 SCMR 305,
Shahbazuddin Chaudhry v. The State PLD 2004 SC 785
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
452,
147,
148,
149
|