Friday, 19 February 2016

Suspension of Sentence on Medical Ground

PLJ 2013 Cr.C. (Lahore) 973
[Multan Bench Multan]
Present: Altaf Ibrahim Qureshi, J.
ZAFAR and 2 others--Petitioners
versus
STATE and another--Respondents
Crl. Appeal No. 700 of 2011, Crl. No. 1 of 2011, decided on 12.4.2012.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 426--Suspension of sentence on medical ground--Petitioner was convicted and sentenced--Health condition of petitioner in Jail--Suffering with the diseased of Aids--Health of the petitioner was deteriorating day by day as was evidence from the report the petitioner had lost 7.5 KG weight and now the petitioner has lost about more than 15 KG weight as per report--It has also been submitted by the Medical Officer, Central Jail, that his further treatment and management of complication as a jail inmate was very much difficult and needs continuous specialist supervision, which was not feasible in jail premises--Court were inclined to suspend the sentence of the petitioner on medical ground.            [P. 975] A
Mr. Muhammad Saleem, Advocate on behalf of Petitioners.
Mr. Munir Ahmad Sial, DPG for State.
Ms. Saeeda Asif, Advocate on behalf of Complainant.
Date of hearing: 12.4.2012.
Order
At the very outset, the learned counsel for the petitioners submits that he does not press this petition to the extent of petitioners Zafar and Ashiq Hussain, therefore the instant petition to their extent is dismissed as not pressed.
2.  Petitioner Yasin through the instant petition has sought for suspension of his sentence and admitting him to bail pending disposal of the above mentioned appeal.
3.  He, vide judgment rendered on 20.7.2011 by the  learned Addl. Sessions Judge, D.G. Khan, was convicted and sentenced as under:--
(i)         under Section 452, PPC to suffer rigorous imprisonment for seven years with fine of Rs. 10,000/- and in case of default thereof to further suffer S.I. for one month.
(ii)        under Section 365-B, PPC to suffer imprisonment for life with fine of Rs.20,000/- and in case of default thereof to further suffer S.I. for two months.
Both the sentences were ordered to run concurrently with benefit of Section 382-B, Cr.P.C.
4.  It is contended on behalf of the petitioner that the petitioner is suffering from the disease of Aids and the adequate facility of said disease is not available in jail hospital.
5.  The learned DPG assisted by the learned counsel for the complainant has opposed this petition on the ground that adequate facility of treatment of the disease is available to the petitioner in the jail hospital.
6.  We have carefully considered the submissions made on behalf of the parties and perused the record.
7.  Earlier a report regarding the health condition of the petitioner was called for and consequently, the Medical Superintendent, DHQ Hospital. D.G. Khan had submitted his report dated 2.1.2012. For the facility of reference, the relevant portion of the said report is reproduced hereunder:--
"During the course of Medical Board proceedings accused has been examined and pursuance the previous medical witnesses/investigations, it has been revealed that above named accused is case of "AIDS Virus". He has loose motion gross weight loss about 07.5 KG and mouth ulcer. His CD-4 count is 368. On clinical grounds he need ARV's (AIDS treatment).
But being dissatisfied with the said report, again vide order dated 7.3.2011, a report regarding the latest condition of the petitioner has been called for from the Medical Superintendent, Central Jail, D.G. Khan, who in compliance with the said order as submitted his report dated 15.3.2012. The relevant portion whereof is reproduced as under:--
"It is submitted that the said prisoner is a diagnosed case of AIDS (Acquired Immuno Deficiency Syndrome). Only supportive treatment of AIDS is possible otherwise disease cannot be cured completely.
His condition becomes critical from time to time even on seasonal minor infections. Sometimes he starts vomiting of blood for which he has been shifted to DHQ Hospital, D.G. Khan for three different occasions in order to save his life. He has gross weight loss more than 15 KG and despite all the care being adopted for his ailment, his health condition may become critical at any time which may be fatal. His care is being carried out under supervision of consultants of DHQ Hospital, D.G. Khan and Punjab AIDS control program, Lahore. His health condition is not satisfactory. His further treatment and management of complication as a jail inmate is very much difficult and needs continuous specialist supervision which is not feasible in Jail premises".
It is crystal clear from the above position that the health of the petitioner is deteriorating day by day as is evidence from the report dated 2.1.2012 the petitioner had lost 7.5 KG weight and now the petitioner has lost about more than 15 KG weight as per report dated 15.3.2012. It has also been submitted by the Medical Officer, Central Jail, D.G. Khan that his further treatment and management of complication as a jail inmate is very much difficult and needs continuous specialist supervision, which is not feasible in jail premises. In such situation, we are inclined to suspend the sentence of the petitioner on medical ground.
8.  Resultantly, the instant petition is accepted, the aforementioned sentence of the petitioner Yasin is suspended and he is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs.2,00,000/- (Rupees two lac only) with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this this Court.
(A.S.)   Petition accepted

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