Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Bail on medical grounds---Criterion---Bail may be granted to an accused on medical ground if his sickness or ailment cannot be properly treated within the jail premises and he needs some specialized treatment and his continued detention in jail is likely to affect his capacity or is hazardous to his life. Malik Muhammad Yousafullah Khan v. The State PLD 1995 SC 58 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Bail on medical grounds---Principles---For releasing an accused on bail on medical ground strong reasons must exist to believe that despite advanced medical technology and availability of medicines, his treatment is not at all possible in jail having regard to the nature of his illness. Ghulam Raza v. Khuda Bux and another 2005 SCMR 1904 ref. (c) Precedent--- ----Criminal case---Judgments or orders of superior Courts in Criminal cases shall not be treated as precedents, as every criminal case revolves around its own peculiar facts and seldom the facts of two cases are similar---Only such s or orders are to be treated as precedent wherein a principle of law has been laid down and is applicable generally to the criminal cases. (d) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Bail when trial is at advanced stage---When trial of accused is at advanced stage, then superior Courts shall abstain from exercising their discretion pertaining to grant of bail to him. (e) Criminal Procedure Code (V of 1898)- ----S. 497---Constitution of Pakistan (1973), Art.185(3)---Bail---Exercise of discretion by Supreme Court---Scope---Grant of bail is a discretionary relief and Supreme Court normally does not interfere with such discretion exercised by the High Court, until and unless the same is found to be totally wrong or perverse. Tasneem Kausar v. Muhammad Bashir 1981 SCMR 686 ref. (f) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Bail on medical grounds,…

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