Law: Criminal Procedure Code (V of 1898)

Section: 466,497

Law: Pakistan Penal Code, 1860

Section: 295B,298

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 466 & 497---Penal Code (XLV of 1860), Ss.295-B & 298---Bail, grant of---Medical prescriptions and diagnostic probes made by psychiatrists, would show that accused was suffering from mental disorder of formidable nature---Accused was referred to Standing Medical Board, where he was kept under observation and Board consisting of four members, majority of whom were psychiatrists, and a Chairman, after examining the accused gave opinion that accused was suffering from bipolar disorder with psychotic features--Such unanimous opinion of Standing Medical Board, consisting of medical experts of high repute, was not disputed by State Counsel and he conceded on the nature of ailment/mental disorder of the accused---Trial Court had been carried away by embtional/religious sentiments and had gone with the winds which she apprehended to be blown by religious circles in case justice was done in the matter, which amounted to denial of justice---Such an approach was against universal principle' of justice---Principle of justice that "let the heaven fall, but justice shall prevail" was rock bed---Denial of relief to accused by Court, on said consideration was in disregard of well settled principles of law and justice---Detaining a person who was entitled to liberty on the proposition that some hostile elements would cause harm to him or the decision of the Court would be taken ill or would invite criticism from a segment of the society, was against law and command of the Constitution---Report of Standing Medical Board revealed that nothing was left to be debated upon that accused was an insane person unable to defend himself before the Court of law---Case of accused was squarely covered by provisions of Ss.466 & 497, Cr.P.C.---Accused was granted bail, in circumstances. (b) Administration of justice--- ----Principles---If a Court of law would succumb to pressure tactics or fear of threat at the hands of certain elements or segment of the society and on that account denied justice to any person who was entitled to it as of right, would not be conducive to the system of justice, Judges would fall prey and become…

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