2022 LHC 825
The words “whenever an accused is found to be unsound mind and incapable of making his defence” are of worth value because an accused can be found as such only if the Court has tried the fact of his unsoundness and incapacity during the trial as mentioned in Section 465 Cr.P.C.
Therefore, Court of Session or the High Court shall only be authorized to release the accused on bail under Section 466 Cr.P.C. if they are the trial Courts and in no other case High Court can exercise powers under this section. Reliance of learned counsel for the petitioner on the case law cited above is not helpful in the sense that in the cases Hon’ble Supreme Court has granted bail on medical ground wherein accused was afflicted for physical disease whereas case reported as YASIR versus The STATE and another” (2018 YLR 379) has also been examined which shows that the learned trial Court while exercising his powers under Section 466(2) Cr.P.C. has refused to release the accused on bail during the trial and that matter was agitated before the High Court and High Court in fact presumably in Revisional jurisdiction has observed that order of learned trial Court is not perfectly in accordance with law. Here in this case this is not the situation though the petitioner has approached the learned trial Court but not on this ground of his unsoundness or incapacity to stand trial due to disease of Schizophrenia which recourse is still open for the petitioner.
In the circumstances bail of the petitioner cannot be entertained under such sections of Cr.P.C. or on the ground of medical evidence when a special procedure has been prescribed in the Cr.P.C. for such like cases and even provision of bail is also available in said Chapter.
Crl. Misc.-Post-arrest Bail
9264-B-21
QUDRATULLAH VS
STATE ETC
Mr. Justice Muhammad Amjad Rafiq
09-02-2022
2022 LHC 825
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