HYDERABAD: A single-judge bench comprising Justice Omer Sial of the Sindh High Court, Hyderabad circuit, on Friday granted 10-day protective bail to 24 doctors in a sum of Rs20,000 after their non-bailable warrants were issued in a case pertaining to the death of a young dengue patient last year.
They were booked in an FIR registered at the Market police station vide crime No. 316/25 under Sections 302 and 147 of the Pakistan Penal Code after Hasnain Amir, 17, a pre-medical student, died during treatment for dengue at the Liaquat University Hospital, Hyderabad, on Oct 22, 2025.
Hasnain’s father, Amir Lutuf Zardari, alleged in the FIR that his son died due to negligence on the part of the nominated suspects and due to a lack of medical assistance.
Subsequently, Section 302 of the PPC was deleted and Sections 322 and 34 of the PPC were incorporated in the final chargesheet.
Advocate Maisum Hussain Sahar, representing the accused before the bench, stated that the FIR did not establish that Hasnain’s death was a direct consequence of any particular act or omission by the accused, nor did it demonstrate that factual causation connected their alleged conduct with the death.
He said that an order passed in a criminal miscellaneous application by the additional sessions judge-I, Hyderabad, was received by Sindh Health Care Commission (SHCC) on Nov 3, 2025 and the matter was eventually referred to the commission for fixing responsibility.
He submitted that the SHCC, in its July 3, 2026 order, recorded that the inquiry did not identify any evidence demonstrating criminal intent, willful misconduct, deliberate disregard for the patient’s welfare or intentional acts by any healthcare professional or staff.
He stated that the July 3 order was of substantial significance in the present case.
The counsel pointed out that the trial court of the case had in its Oct 14, 2026 order issued non-bailable warrants for the arrest of the accused. He argued that an accused cannot be sent behind bars when charged with an offence u/s 322 of the PPC because even if he pleads guilty at his trial and is convicted, he can only be imprisoned if he fails to pay the Diyat sum. The accused’s incarceration would, therefore, amount to punishing him before conviction.
Published in Dawn, October 17th, 2026
