AKHTAR ZAMAN vs State Ss — 2022 PCrLJ 1822 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

AKHTAR ZAMAN VS State Ss. 497 & 466---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd and common intention---Release of lunatic pending investigation or trial---Bail, refusal of---Absconsion of accused---Involvement of accused in several FIRs---Scope---Accused sought bail on medical grounds---Accused was arrested after about five years---After that, his bail applications were dismissed on merits upto to High Court---Neither any plea of the alleged mental sickness was agitated by him in the first round nor even any medical history in that regard was brought before any forum---During trial, it was on the request of the accused pleading some mental ailment, the Medical Board was constituted which declared him to be a normal person---Somehow, within a span of barely seven months, the accused again pleaded to have some mental problem and in turn the second Medical Board was constituted---Subsequent Medical Board included same members except one---However, this time around, the accused was declared to be a patient of bipolar affective disorder and thus not fit to face trial---Keeping in view the conflicting opinions of two Medical Boards and his previous criminal history to be involved in several different FIRs, the accused could not press into service subsection (1) of S. 466, Cr.P.C. for his release on bail---Trial Court had rightly ordered to refer him to the Mental Ward of the Police and Services Hospital and in the meanwhile had adjourned the trial proceedings sine die---Such proceedings could be revived as and when the accused was declared to be fit by the Medical Board after his recovery from such ailment---No case was made out for the grant of bail to the accused on medical grounds---Petition for grant of bail was dismissed. Head NotesCase Description

AKHTAR ZAMAN vs State Ss — 2022 PCrLJ 1822 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 PCRLJ