| Citation(s) |
|---|
| 2021 SLG 773 2021 SLD 773 2021 PCRLJ 527 |
Sindh High Court
Criminal Misc. Application No. 122 and Criminal Bail Applications Nos. 338 and 339 of 2019, decided on 17th February, 2020, Date of hearing: 4th February, 2020.
MRS. RASHIDA ASAD, JUSTICE
Shah Nawaz Ayub Dahiri for Applicants (in Criminal B. A. No. 339 in Criminal Misc. A. No. 122 of 2019). Muhammad Ramzan for Applicants (in Cr. B.A. No. 338 of 2019). Ms. Rubina Qadir and Faheem Hussain Panhwar, Deputy Prosecutor Generals, Sindh for the
Criminal Misc. Application No. 122 and Criminal Bail Applications Nos. 338 and 339 of 2019, decided on 17th February, 2020, Date of hearing: 4th February, 2020.
MRS. RASHIDA ASAD, JUSTICE
Shah Nawaz Ayub Dahiri for Applicants (in Criminal B. A. No. 339 in Criminal Misc. A. No. 122 of 2019). Muhammad Ramzan for Applicants (in Cr. B.A. No. 338 of 2019). Ms. Rubina Qadir and Faheem Hussain Panhwar, Deputy Prosecutor Generals, Sindh for the
DR. SHUAIB KAUSAR AND ANOTHER
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 498,561-A,22-A,22-B
Law: Penal Code (XLV of 1860)
Section: 326,319,34
(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 326, 319 34---Thug, qatl-i-khata and common intention---Pre-arrest bail, refusal of---Scope---Accused persons in a case concerning medical negligence sought pre-arrest bail---Prima facie accused did not possess post-graduation degrees and knowingly well he performed cesarean section and other surgeries which were ultra vires i.e. beyond his qualifications---Condition of complainants wife thereafter had become worse and she was taken to another hospital in a very critical condition having failure of heart, respiratory, renal, liver, brain coagulation---Healthcare Commission in its report had imposed penalties against the main accused along with other accused persons and had also referred the case of main accused for cancellation of his licence---Main accused had failed to make out a case for grant of pre-arrest bail as he admittedly performed cesarean section---Allegations against other accused persons required further probe into their guilt which could only be thrashed out after recording of the evidence---Interim pre-arrest bail granted to main accused was recalled and that of other accused persons was confirmed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Conditions---Scope---Grant of pre-arrest bail to a person accused of committing a non-bailable offence is quite different to that after arrest---Competent court while exercising its discretion has to look if there is any element of eminent mala fide floating on the surface of the matter/case, implication and the arrest of the accused is tainted with malice out of ulterior motives and inevitable, irresistible maltreatment resulting into humiliation and unjustified harassment. 2007 SCMR 1607; 2004 SCMR 1375; PLD 1998 SC 97; PLD 2009 SC 427 and 2009 SCMR 1129 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Tentative assessment---Scope---Court while deciding bail application has to make tentative assessment and deeper appreciation of material is not permissible. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 22-A 22-B---Inherent…
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