a matter of life and death for the convict Imdad Ali. After the learned High Court had appointed a counsel at State expense, he should have been given sufficient time to prepare his brief and to take instructions from his client (the convict). The issue of mental illness of Imdad Ali has been dealt with by the learned High Court in the following manner:"......Since there is overwhelming evidence on record justifying the conviction...... in the absence of any solid material on the file regarding mental illness of the appellant, mere statement of wife of the appellant as DW1 would not create any room for the appellant for lesser sentence...." 72. As already observed, after dismissal of his criminal appeal by the learned High Court, the condemned prisoner Imdad Ali filed a petition through jail, wherein leave to appeal was granted by this Court on 13.11.2009 culminating into Crl. Appeal No. 619 of 2009, which was dismissed vide judgment dated 19.10.2015. It would thus be seen that neither before the trial Court, learned High Court, nor before this Court was the issue of mental illness of Imdad Ali appreciated in terms of section 465 of Cr.P.C. 73. Another important aspect of the matter is that while hearing the subject petitions, a Medical Board was constituted to report about the mental health condition of the condemned prisoner Imdad Ali. The report of the Medical Board dated 19.09.2019 registered as C.M.A. No. 8850 of 2019 has been placed on record, which is reproduced as under:"1. Imdad Ali son of Muhammad Ismail was mentally re-examined by the Medical Board on 14th September 2016 at 1200 hrs in Adyala Jail Rawalpindi. It is the opinion of Medical Board, that accused Imdad Ali is suffering from chronic Schizophrenia (insanity) and the Board stands by its opinion previously given. 2. After re-examination and reviewing the documents available and considering the present mental state of accused, it is likely that illness had already started at the time of crime, and he might have committed murder under the delusional belief of persecutions (insanity). Even, medical record available dated 10 November 2000 (prior to the act of crime) reveals that Imdad Ali was examined by a Medical Officer of Services Hospital Lahore. In his opinion Imdad Ali, seemed to be suffering from Schizophrenia and he referred him to Mental Hospital for further management and evaluation." 74. In the circumstances of the case, and in view of what has been discussed above, coupled with the fact that convict Imdad Ali is behind bars for the last about 20 years and has served out substantive part of alternative sentence provided under section 302(b), P.P.C. i.e. imprisonment for life, we do not feel it appropriate to remand the case for de novo trial. It is relevant to mention here that in this case, no review was filed by the convict Imdad Ali after dismissal of his appeal by this Court against his conviction and sentence. However, a review petition has been filed by the State, through Prosecutor General Punjab, with the prayer to review the judgment passed by this Court in Crl. Appeal No. 619 of 2009. The review is being sought on the ground that in the circumstances of the case and keeping in view the

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents