Law: Pakistan Penal Code, 1860

Section: 302, 324, 353

Law: Anti-Terrorism Act, 1997

Section: 7

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

REMARKS

Held: (i) The issue of granting or refusing bail has been extensively addressed and clarified by the superior courts through various judgments and precedents. There is now a judicial consensus that in order to seek bail on medical ground, the accused must establish that the illness is life threatening; that its treatment is not possible within the jail premises; that continued detention would pose a serious risk to the life of the accused; and that the disease is contagious or transmissible in nature. In the absence of these conditions, bail cannot be granted on medical ground.
(ii) In this context, the record was thoroughly examined to determine whether the accused/ respondent’s case met the established parameters for bail as laid down by superior Courts. The Court found that the record did not show the injuries sustained by the accused/respondent to be life threatening, or their treatment being not possible within the jail premises, and his detention would pose a serious threat to his life. The Anti- Terrorism Court (ATC) released Najib Ullah, alias Najju, on bail based on an inconclusive so-called medical report and personal observations that his left eye had been removed and his right eye was still under treatment and more particularly that he required a stick and also human support to attend Court, indicating incomplete recovery. The trial Court’s record shows that after his release on bail due to medical reasons, the accused Najib Ullah, alias Najju, consistently attended the Anti-Terrorism Court (ATC) proceedings, suggesting he was in good health and stable.
(iii) The record shows that the accused’s bail application was dismissed on its merits by the Anti-Terrorism Court (ATC) on January 24, 2024. Despite the initial dismissal, the accused filed another application for bail on medical grounds. The trial Court considered an inconclusive medical report from the Medical Officer of Central Jail, Bannu, dated May 20, 2022, and granted bail to the accused based on medical grounds, relying on personal observations instead of referring the accused to a Medical Board for a thorough evaluation. Legally speaking, granting bail on medical ground based on personal observation rather than thorough medical evaluations or expert opinions contradicts established legal principles and is unwarranted.
(iv) The argument that the accused hasn`t misused bail is irrelevant in this case since bail was granted on medical grounds, not on merits.
(BCA allowed)

Summary of the Case:Medical Bail

This is a bail cancellation case involving Najib Ullah alias Najju, a police constable, accused of murdering a fellow officer (ASI Kalim Ullah Khan) during a police operation.