Dr. MUZAFAR vs State S — 2022 PCrLJN 23 KARACHI-HIGH-COURT-SINDH

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

Dr. MUZAFAR VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 324 & 337-L---Attempt to commit qatl-i-amd, other hurt---Bail, grant of---Further inquiry---Accused, a medical doctor---Joint investigating Team (J.I.T), in which Doctors were also available to provide technical support, gave negative findings with regard to the allegations that the accused, who himself was a patient of HIV, infected his patients with HIV---Joint investigating Team recommended that the accused should be referred to Pakistan Medical and Dental Council (PMDC) for taking disciplinary action and he must be registered with Sindh Aids Control Programme for treatment---Accused underwent amputation for gangrene and his right leg was amputated---Findings of three medical experts with positive recommendation with regard to the illness of accused that he needed medical treatment was not challenged---Case of accused fell under the ambit of "sick person" as mentioned in the first proviso of S. 497, Cr.P.C. and he was entitled to the concession of bail---Section 322, P.P.C., mentioned in the challan, did not provide for a sentence but, if proven, Diyat was to be paid, whereas punishment under S. 337-L, P.P.C., did not fall within the prohibitory clause of subsection (2) of S. 497, Cr.P.C.---Bail in offences punishable with imprisonment of less than 10 years was to be granted as a rule and refusal would be an exception---Accused was admitted to bail, in circumstances.

Dr. MUZAFAR vs State S — 2022 PCrLJN 23 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported