LAHORE (Dunya News) – The Lahore High Court has granted post-arrest bail to a doctor suffering from Parkinson's disease, ruling that physical frailty constitutes an independent legal ground for bail under Section 497 of the Code of Criminal Procedure.
Justice Amjad Rafiq, in an 11-page reported judgment, held that physical weakness is a separate legal basis for granting bail and is not limited to illness alone.
The court observed that if a jail medical report confirms a prisoner's physical frailty, bail may be granted without examining the severity of the disease. It added that the constitutional principles of human dignity, proportionality and equality should guide bail decisions.
The ruling came while allowing the post-arrest bail petition of Dr Iftikhar Ahmed, who was arrested in a case registered at Sabzazar Police Station, Lahore, over allegations of medical negligence during a child's circumcision procedure.
According to the court, the jail's medical report confirmed that the accused suffers from Parkinson's disease, a progressive neurological disorder, and depends on others for walking, speaking and performing daily activities.
The court held that although medical treatment was being provided in jail, this alone could not justify denying bail. It observed that the concept of physical frailty extends beyond treatable illness and includes conditions that prevent a prisoner from enduring the hardships of incarceration like an ordinary inmate.
The judgment further noted that poor prison conditions, including inadequate food, unhygienic surroundings, overcrowding and mental stress, can aggravate physical weakness. It emphasized that constitutional principles of human dignity, equality and proportionality must be considered while deciding bail applications.
The court stated that justice requires vulnerable and disabled individuals to be protected from unnecessary physical suffering. Referring to judicial precedents from Pakistan, the United Kingdom, India, the United States and Europe, the judgment said physical frailty and old age are widely recognized as important legal considerations in bail matters.
The court further ruled that where a jail medical report confirms a prisoner's illness or physical weakness, bail may be granted without unnecessary debate over the nature or severity of the condition. In the absence of such a report, the court may independently assess the accused's physical condition.
Allowing the petition, the court ordered Dr Iftikhar Ahmed's release on post-arrest bail against surety bonds of Rs1 million, directing him not to influence evidence or intimidate witnesses, not to leave the court's jurisdiction without permission, and to surrender his passport.