| Case ID |
2acf540a-f854-463b-8719-f5155f85cb61 |
| Body |
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| Case Number |
Criminal Petition No.70 of 2007 |
| Decision Date |
Mar 28, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the criminal petition seeking leave to appeal against the Lahore High Court's order granting bail to the respondent, Syed Asim Hassan, on medical grounds. The Court found that the High Court had rightly determined that the accused was physically handicapped and unable to communicate effectively due to serious medical conditions, as confirmed by a Medical Board. The decision emphasized that the respondent's medical condition could be life-threatening, thereby justifying the bail granted by the High Court. The Supreme Court declined to accept the complainant's appeal for cancellation of bail, affirming the High Court's assessment of the situation. |
| Summary |
In the case of Criminal Petition No.70 of 2007, the Supreme Court of Pakistan addressed the issue of bail under medical grounds for Syed Asim Hassan. The petitioner, Sh. Muhammad Iqbal, challenged the Lahore High Court's decision, which had granted bail on the basis of the respondent's severe medical condition. The case involved critical aspects of the Criminal Procedure Code and the Penal Code, particularly sections related to serious offenses such as murder and attempted murder. The Supreme Court, while upholding the High Court's decision, highlighted the significance of medical evaluations in determining the appropriateness of bail in light of the accused's health. This case underscores the intersection of criminal law and medical jurisprudence, showcasing how health conditions can influence legal proceedings and the granting of bail. The ruling serves as a precedent for future cases where medical conditions are a central concern in bail applications. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR,
MIAN SHAKIRULLAH JAN
|
| Lawyers |
Sheikh Zamir Hussain, Advocate Supreme Court for the Petitioner,
Dr. Babar Awan, Advocate Supreme Court for Respondent,
Ms. Yasmeen Sehgal, D.P.G.,
Muhammad Riaz, S.-I. for Respondent
|
| Petitioners |
Sh. MUHAMMAD IQBAL
|
| Respondents |
another,
Syed ASIM HASSAN
|
| Citations |
2007 SLD 1432,
2007 SCMR 1513
|
| Other Citations |
Faqirullah v. Khalil-uz-Zaman and others -1999 SCMR 2203,
Peer Mukaram-ul-Haq v. National Accountability Bureau (NAB) through Chairman and others 2006 SCMR 1225
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
497(5),
302,
324,
452,
34,
185(3)
|