ZAIGHAM HASSAN KHAN vs State S — 2024 PLD 75 SUPREME-COURT

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ZAIGHAM HASSAN KHAN VS State S. 466---Penal Code (XLV of 1860), S. 295-C---Making derogatory remarks against the Holy Prophet (peace be upon him)---Release of lunatic on bail pending trial---Accused person suffering from 'schizophrenia'---Family members of the petitioner (accused) were pursuing the legal remedies for him and were ready to give the requisite sufficient security for the fulfillment of the conditions that they would properly take care of the petitioner and prevent him from doing any injury to the body or property of other persons, and there was no past record of the petitioner to have done any such injury to other persons which may show that his family members have previously remained unsuccessful in preventing him from doing injury to other persons---Incident involved in the present case was also not of a violent nature involving any injury to the body or property of other persons---Thus, there were no such exceptional facts and circumstances that may justify departure from the rule of releasing the petitioner on sufficient security under Section 466, Cr.P.C., and adopting the exceptional course of detaining him in some Mental Health Hospital instead of handing him over to his family for his proper care and treatment---Petitioner was ordered to be released on bail subject to furnishing of a bond by any family member of the petitioner who binds himself (i) to properly take care of the petitioner, (ii) to prevent the petitioner from doing injury to himself or any other person, (iii) to produce the petitioner before the court when required, and (iv) to produce the petitioner before the Medical Board of the Punjab Institute of Mental Health, Lahore, after every three months for his medical examination as to his recovery from the mental disease and fitness to stand trial, and to submit the report of the Board to the trial court for information and appropriate order---Petition for leave to appeal was converted into appeal and allowed accordingly.

ZAIGHAM HASSAN KHAN vs State S — 2024 PLD 75 SUPREME-COURT

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