MAZHAR IQBAL SIDHU, J.---Ghulam Mustafa Waseem petitioner seeks post-arrest bail under section 466 and 497 Cr.P.C. In a case registered against him under section 302, P.P.C. Vide criminal report No,696 dated 24-9-2010 at Police Station Sadar, Jaranwala District Faisalabad primarily on the ground of insanity/ mental disorderment.
2. Prosecution case is that on 24-9-2010 at about 10.00 p.m the petitioner over a money dispute allegedly caused fire short injuries to Abdul Jabbar resulting his death instantaneously, the incident was seen by the complainant Abdul Sattar and other P.Ws. Mentioned in the F.1 R.
3. Learned counsel besides the merits has contested the release of the petitioner on bail on the grounds of insanity, unsoundmindness and incapability of the petitioner of the consequences of his act having been done by him. Learned counsel contends that the petitioner remained a patient of epilepsy suffering from fits, before the alleged incident he remained under treatment: at the time of occurrence he on account of his insanity committed the alleged offence, therefore, he is entitled for the concession of bail.
4. During hearing of bail application reports regarding disease suffered from by the petitioner from the different doctors were obtained, ultimately on the request of the learned counsel for the complainant, a report was also called for from the Punjab Institute of Mental Health, Lahore and after examining the petitioner on 28-3-2013 a Medical Board has submitted its report which is read as follows: "He (petitioner) is found to be suffering from "Bipolar Affective Disorder." The Board is of the opinion that he is unfit to stand trial at present. Advised treatment."
Learned counsel for the petitioner further submits that the petitioner being insane and retorted cannot face the trial in the present situation, therefore, he is entitled for the concession of bail.
5. In adversum astutely as well as deftly submissions have been controverted by arguing that the alleged disease of the petitioner is a factum probandu, whether the petitioner was lunatic and on account of insanity, the occurrence was perpetuated and the disease allegedly suffered by him does run incessantly or occasionally and the report of the Medical Board is also inconclusive on account of non-reasoning, therefore, petitioner is not entitled for the relief sought for. Learned counsel ornated his arguments by relying upon State of Rajasthan v. Shera Ram alias Vishnu Dutta (2012 SCM R 1768) and has tried to differentiate medical and legal insanity as well as disease allegedly suffered from, that it cannot be taken as an exception to be released on bail to the petitioner as circumstances of the case demonstrate intentional_ murder of the deceased.
6. Arguments heard. Record has been studied with a fine-tooth-comb.
7. For the relief of bail, merits have not been discussed, therefore, it has been considered expendable to debunk on it. Different reports of psychiatric examinations of the petitioner are available on the record showing about his ailments but ultimately on the request of the learned counsel for the complainant petitioner was referred to Punjab Institute of Mental Health Lahore, the Medical Board of the said Hospital after examining the petitioner has observed infra:- "that the petitioner is suffering from bipolar affective, disorder and is unfit to stand trial at the present and advised treatment."
' Now, no reason exists to disbelieve the said medical report signed by eight members of the Board including the Chairperson, the Before, the case of the petitioner squarely falls within the ambit of se( tion 466 of the Code of Criminal Procedure 1898.
' For better comprehension, provisions of section 466, Cr.P.C. Are reproduced as follows:-- "Release of lunatic pending investigation or trial.
(1). Whenever an accused person is found to be of unsound mind and incapable of making his defence, the Magistrate or Court, as case may be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person. And for his appearance when required before the Magistrate or Court or such officer as the Magistrate or Court appoints in this behalf.
(2). Custody of Lunatic. --If the case is one in which, in the opinion of the Magistrate or Court, bail should not be taken, or if sufficient security is not given, the Magistrate or Court, as the case may be, shall order the accused to be detained in safe custody in such place and manner as he or it may think fit and shall report the action taken to the Provincial Government: ' Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the Provincial Government may have made under the Lunacy Act, 1912."
The judgment relied upon by the learned counsel for the complainant referred to op-cit is not applicable to the facts and circumstances of the case, therefore, while relying upon the report of the Medical Board dated 28-3-2013 issued by the Medical Board of the Punjab Institution of the Mental Health, Lahore, petitioner is entitled for the relief prayed for, therefore, he is directed to be released on bail subject to his furnishing bail bonds to an amount of Rs,5,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.