LAHORE
Lahore High Court (LHC) has approved bail after arrest plea of an accused doctor who is patient of Parkinson disease.
Justice Amjid Rafiq of LHC declared weakness a permanent legal base for bail saying disease and weakness are two separate legal bases for bail.
Justice Amjid Rafiq while setting an important precedent maintained weakness is a permanent and independent legal base for bail under section 497 of criminal procedure which is not only limited to ailment.
The court while approving bail after arrest plea made it clear physical weakness, old age or such physical ailment which affects the capability of leading routine life can serve as sufficient base for bail.
If jail report verifies physical weakness or ailment of any prisoner then court can grant bail without indulging in unnecessary debate in perspective of intensity or nature of disease.
In case of non availability of such report , the court can review physical condition of the accused. Principles of human dignity, balance and equality are priority in the decisions of bail.
The court approved the bail plea of Dr Iftikhar Ahmad who was arrested in a case of medical negligence during circumcision of a child . The case was registered in Sabza Zar police station Lahore.
According to the court this was proved from medical report of jail that the accused is suffering from brain a progressive brain disorder Parkinson disease and he is dependent on others in walking , speaking and performing duties of daily routine .
The court gave observation that concept of weakness is not limited to the disease where treatment is required but physical condition too is included in it due to which the patient could not bear rigors of jail like common man.
It was said in the decision sub standard food, poor condition of cleanliness, crowd and mental stress in jail add to physical weakness. Therefore it is compulsory to take into view human dignity, equality and constitutional principles of proportion in bail related cases.
The court remarked it is requirement of law that weak and disabled persons be saved from physical agony.
The court while approving bail after arrest plea ordered to release the accused against surety bonds in the sum of Rupees one million directing he will not influence the evidence and give threats to the witnesses. He will not go out jurisdiction without the permission of the court and will deposit his passport.
