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
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