LHC says illness, physical weakness can justify ba…
The Lahore High Court (LHC) has ruled that illness, physical weakness, old age or disability can serve as valid legal grounds for granting post-arrest bail, issuing an important judgment on bail applications filed on medical grounds.
Justice Amjad Rafiq issued a detailed written verdict while deciding the post-arrest bail petition of Dr Iftikhar Ahmed, who is suffering from Parkinsonism, a progressive neurological disorder that affects movement and physical independence.
The court observed that if a prison medical report confirms that an accused is physically weak, there is no need to separately assess the severity of the illness. It held that physical weakness itself may be sufficient to justify consideration for bail.
According to the judgment, illness and physical weakness are separate legal grounds for granting bail. The court noted that imprisonment can cause greater hardship for elderly, physically weak and disabled individuals, and the justice system should protect them from unnecessary physical suffering.
The LHC further stated that the bail application had not been filed on the merits of the criminal case but solely because of the accused’s deteriorating physical condition. The prison medical report confirmed that Dr Iftikhar Ahmed was suffering from Parkinsonism, a disease that gradually limits a person’s physical abilities and independence.
Rejecting the prosecution’s argument, the court ruled that the mere fact an accused is receiving medical treatment in prison cannot, by itself, be used as a reason to deny bail.
The judgment also referred to principles of Islamic law and international judicial precedents, stating that sick, elderly and vulnerable individuals are entitled to special legal protection and humane treatment.
The Lahore High Court granted post-arrest bail to Dr Iftikhar Ahmed against surety bonds of Rs1 million. The court directed the accused not to influence prosecution witnesses, to surrender his passport and not to leave the court’s jurisdiction without prior permission.
Dr Iftikhar Ahmed has been in jail since March 2025 in a case registered at Sabzazar Police Station, where he is accused of administering an incorrect injection to a citizen’s son. The criminal proceedings will continue in accordance with the law.
