LHC Grants Bail To Mentally Unstable Blasphemy Accused
The Lahore High Court (LHC) granted bail to a mentally-challenged man who was imprisoned on charges of blasphemy.
A resident of Malisi, Punjab; Wajid Ali filed a petition in the Lahore High Court (LHC) seeking the bail of his father Shaikh Ghulam Akbar on the basis of his unstable mental health.
The court maintained that under Section 466 Cr.P.C, if the court has reason to believe that the convict is not mentally sound, he will be unable to defend himself.
In such a case, the accused will be examined by a government-appointed mental health expert or the medical officer of the district, with their findings to be stated in writing for the court.
The counsel on the case, Advocate Shahbaz Ali Khan Gurmani said, “During the pendency of such inquiry or trial, the court may deal with the accused in terms of Section 466 CrCP. The consequential effect of the opinion of the magistrate that the accused is of unsound mind and incapable of making his defence, a finding shall have to be recorded to this effect and the proceedings of trial postponed,” he said.
Hence an order was passed in the favour of the accused as he was found to be not in his senses and mentally unsound.