Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD RAMZAN VS Respondent: THE STATE
1997 P Cr
1997 P Cr. L J 2087
[Lahore]
Before Muhammad Naseem Chaudhri, J
MUHAMMAD RAMZAN---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.3171/B of 1997, decided on 30th June, 1997.
Criminal Procedure Code (V of 1898)---
----S. 497(1), first proviso---Penal Code (XLV of 1860), S. 420/468/471/ 165-A---Prevention of Corruption Act (II of 1947), S.5---Bail---Special Court-- Bail on medical ground---Bail sought by the accused on the ground of illness had been refused by Special Court with the observation that there was no certificate from the Jail Doctor that he was suffering from any fatal disease---Practice and procedure in the subordinate Judiciary had to be followed by the Special Court according to which whenever bail was prayed on the ground of ailment, an order to obtain the report from Jail Doctor through Jail Authorities or an order for constitution of Medical Board for report, was passed and thereafter, on the basis of report or certificate so received the bail matter was disposed of---Not necessary for the accused to rely on any certificate of the nature mentioned in the said order of the Special Court---Special Court was consequently directed to dispose- of the bail application, again to be filed by accused, following the aforesaid procedure and observations.
Arif Iqbal Hussain Bhatti for Petitioner.
ORDER
Muhammad Ramzan petitioner is the accused of Crime Case No.205 registered on 19-11-1996 at Police Station Anti-Corruption Establishment, Faisalabad under section 420/448/471/165-A, P.P.C. and under section 5 of the Prevention of Corruption Act, 1947. He has been arrested on 13-3-1997. His bail application on merits was dismissed by the Special Judge Anti-Corruption, Sargodha Camp at Faisalabad on 8-5-1997. He moved a fresh application for his admission to bail on the ground of his ailment which was dismissed on 3-6-1997 with the following observations:--
"The fresh ground to be taken is that the petitioner is in hospital of the, jail for treatment. There is no certificate from the jail doctor that the petitioner is suffering from any fatal disease. Under these circumstances, admission of the petitioner in the hospital of the District Jail, Faisalabad does not furnish a fresh ground for admitting him to bail."
2. Through the making of this petition the petitioner is desirous to be admitted td bail. It has been canvassed that he is a person of 70 years and is suffering from heart disease.
3. I am of the view that this petition should not be and cannot be processed will for my following reasons:--
"The practice in the subordinate judiciary is that whenever the bail is prayed on the ground of ailment, the order to obtain the report from jail doctor through the Jail Authorities or an order for constitution of Medical Board for report is passed and thereafter, the matter is disposed of on the basis of the certificate/report issued."
4. The Special Judge Anti-Corruption, Sargodha Camp at Faisalabad should keep in mind that the procedure and practice, which has also the blessing of the superior Courts, has to be followed. There was no necessity on the part of the petitioner to rely on any certificate of the nature mentioned in the aforesaid order, dated 3-6-1997. Any derogation from the prevalent practice and procedure inculcates serious doubts about the working of the Presiding Officer especially when it is a dispute between a wife and a husband.
According to Note 11, Rule 14, Chapter X, Lahore High Court Rules and Orders, Volume III a bail application has to be first moved before and disposed of by the Court of original jurisdiction which in the instant matter is none else than the Special Judge, Anti-Corruption, Sargodha. The wisdom behind is that the Appellate/Revisional Court is not deprived of the views of the Court of original jurisdiction. It is bail after arrest and the concurrent jurisdiction as envisaged by section 498, Criminal Procedure Code may not play the legal role in the circumstances enumerated above.
6 I, therefore, dispose of this petition by passing the following order;--
"The petitioner shall file his application before the Special Judge, Anti- Corruption, Sargodha who, as expressed above, shall obtain the report of the jail doctor or the Medical Board at his own discretion immediately and shall dispose of the application within a period of ten) days from the making of the same in accordance with law."
Copy Dasti subject to payment of usual charges, if any.
N.H.Q./M-415/L Order accordingly