| Case ID |
1f38fec6-ce99-4507-8c84-f4a8ef4d10e9 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.82-L of 1 |
| Decision Date |
Apr 10, 1997 |
| Hearing Date |
Apr 10, 1997 |
| Decision |
The Supreme Court of Pakistan ruled that the trial court had erred in granting bail to the petitioner, Muhammad Arshad, on medical grounds. The court emphasized that not every ailment warrants bail, and strong reasons must exist to believe that the accused's condition cannot be adequately treated in jail. The petitioner was suffering from common ailments that could be treated in the Jail Hospital, which did not pose a life-threatening risk. The High Court's decision to cancel the bail was upheld, and the petition was dismissed with leave refused. |
| Summary |
In the case of Muhammad Arshad vs. The State, the Supreme Court of Pakistan addressed the issue of bail on medical grounds under the Criminal Procedure Code. The ruling highlighted the necessity for compelling reasons to grant bail, focusing on the nature of the accused's ailments and the available medical facilities in jail. The court found that the petitioner’s health issues were common and could be treated within the Jail Hospital, thus negating the need for bail. The decision reinforced the strict criteria for bail under Section 497(1) of the Criminal Procedure Code, ensuring that only serious medical conditions warrant such relief. The ruling is significant as it clarifies the standards for assessing medical claims in bail applications, emphasizing that not all ailments justify a release from custody. This case serves as a precedent in the legal landscape of Pakistan, particularly concerning the rights of accused individuals facing health challenges while in detention. Keywords include 'bail on medical grounds', 'Supreme Court of Pakistan', 'Criminal Procedure Code', and 'legal rights of detainees'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH, C.J.,
FAZAL ILAHI KHAN,
MUNAWAR AHMAD MIRZA, J.
|
| Lawyers |
Ch. Ali Muhammad, Advocate Supreme Court for Petitioner.,
Hasnat Ahmad, Assistant Advocate-General for Respondent No. 1.,
Rao M. Yousaf Kha Advocate-on-Record for Respondent No.2.,
M.A. Qureshi, Advocate-on-Record for Respondent No.2.
|
| Petitioners |
MUHAMMAD ARSHAD
|
| Respondents |
THE STATE,
Muhammad Ramzan,
Umar Hayat
|
| Citations |
1997 SLD 780,
1997 SCMR 1275
|
| Other Citations |
Haji Mir Aftab v. The State 1979 SCMR 320,
Abdul Aziz v. Bashir Ahmad and another PLD 1966 SC 658,
Muhammad Bashir v. The State 1991 PCr.LJ 2422,
Tariq Bashir and 5 others v. The State PLD 1995 SC 34,
Mian Dad v. The State and another 1992 SCMR 1286
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497(1),
302/34,
Art.185(3)
|