LAHORE: The Lahore High Court (LHC) has ruled that “infirmity” is treated separately from “sickness” for the grant of bail under Section 497 of the Code of Criminal Procedure (CrPC).
“Justice must be tempered with mercy, ensuring that individuals who, due to weakness, age, or degenerative conditions, cannot pursue ordinary life pursuits, are not subjected to disproportionate suffering in custody,” Justice Muhammad Amjad Rafiq observed in a detailed judgement, allowing bail to an alleged quack in a case of botched circumcision.
The judge held, on a prayer for bail based on the prisoner’s infirmity, that when a jail report is placed on record, confirming the infirmity or illness of the prisoner, the court may grant bail without delving into the extent or severity of the condition. However, in the absence of such a report, the judge said, the court should personally examine the prisoner to verify the claim of ill health.
This approach, Justice Rafiq said, aligns Pakistan’s criminal jurisprudence with international standards of human rights and judicial fairness, reinforcing the dignity of the individual even in the face of serious allegations.
Sabzazar police had registered the FIR on May 25, 2024 on a complaint of Atif Butt, an expat, against the petitioner/suspect Iftikhar Ahmad and others.
The suspect had approached the high court for bail on medical grounds after a judicial magistrate and a sessions court denied him the relief.
Defence counsel Safdar Shaheen Pirzada argued that Parkinson’s disease steadily eroded the petitioner’s physical independence, causing limb rigidity, slowed speech and mobility issues. He said the disease left the petitioner entirely dependent on others for basic routine daily tasks like changing clothes and personal care.
Deputy Prosecutor General Noshe Malik, alongside Advocate Mohsin Javed representing the complainant, opposed the bail. They said the alleged negligence of the petitioner during a routine circumcision caused a severe infection and life-threatening complications, leaving the minor child permanently incapacitated.
The judge, however, allowed the bail to the petitioner on medical grounds, ordering him to surrender his passport, remain available for trial. The judge also refrained the petitioner from contacting prosecution witnesses or leaving the court’s territorial jurisdiction without prior permission.
Published in Dawn, July 26th, 2026