Citation Name: 2024 YLR 1619 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKMAL vs State S

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Citation Name: 2024 YLR 1619 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKMAL VS State S.497---Bail---Tentative assessment---Scope---While deciding bail, only tentative assessment is to be made and deeper appreciation is neither permissible nor desirable. Citation Name: 2024 YLR 1619 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKMAL VS State S. 497---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Bail, grant of---Medical grounds---Blindness in both eyes---Scope---Petitioner was charged for committing murder of the deceased by firing---Through instant petition, the petitioner had taken a specific plea of grant of bail on medical grounds i.e. during his incarceration in the jail, he had lost sight in both of his eyes and had become blind, and therefore, his further incarceration in jail was dangerous to his health and life---To substantiate that plea, the Medical Superintendent of the Hospital was directed to constitute a Board of not less than five members including a specialist for assessment of the vision of both eyes of the petitioner---In compliance thereof, Board comprising Medical Superintendent, Ophthalmolo-gist, ENT Surgeon, Neurosurgeon and Neurophysician was constituted, which examined the petitioner---Said Board submitted its report before the Court which encompassed the opinions of all of the specialists---Taking into consideration the report of Medical Board constituted in compliance of order of High Court and documents annexed with the petition, prima facie, it had been established on record that the petitioner had a known history of "night blindness" since childhood, which had now developed into day blindness also---Moreover, there was no perception of light in both the eyes of petitioner and there was absence of direct and consensual light reflexes---Nothing was on record which could suggest that the cure for such a patient of "Retinitis Pigmentosa" was available in jail---Blindness in both the eyes was admittedly not just a disease but, due to non-availability of medical treatment, a permanent disability of the petitioner which made him most vulnerable and there was every likelihood that in existence of such a permanent disability, the life of petitioner would be constantly in danger as it required constant and around the clock care, which were admittedly not available in jail---Complainant had failed to counter the opinion/findings of Medical Board in its report---While, on the other hand, the medical report, was highly technical and opinion expressed by the medical board could not be brushed aside lightly by the Court in the absence of any counter-opinion or any medical literature placed before the court to contradict the opinion given by the Board---Investigation was complete---Physical custody of petitioner was no more required by the police for further investigation---Thus, his further incarceration for an indefinite period would serve no useful purpose for the prosecution---Petition was accepted and petitioner was granted bail.

Citation Name: 2024 YLR 1619 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD AKMAL vs State S — 2024 YLR 1619 LAHORE-HIGH-COURT-LAHORE

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