Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Medical grounds---Scope---Accused sought post-arrest bail on the ground of his illness and malady---Perusal of the medical opinion transpired that the condition of accused was stable and it was not opined that his detention in jail would be hazardous to his life, which was a requisite condition for grant of bail on medical ground---Petition for grant of bail was dismissed, in circumstances. Nazir Ahmed and another v. The State and others PLD 2014 SC 241 and Muhammad Aslam v. the State and others PLD 2015 SC 41 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Medical grounds---Conditions--- Scope---Grant of bail under first proviso to S.497(1) of Cr.P.C. is discretionary in nature---Every ailment does not attract invocation of discretion contained in the proviso to subsection (1), S.497, Cr.P.C.---Strong reasons are required to believe that despite availability of modern medical technology, life saving drugs, advance medical treatment and care, accused still requires treatment which is not generally available---Medical opinion should be so explicit in nature that further detention of accused in jail would be hazardous to his life---Bail on medical ground can be granted under S.497, Cr.P.C., if the court reaches to the conclusion on the basis of medical report that ailment with which the accused is suffering is such that it cannot be properly treated while accused is in jail. Muhammad Arshad v. The State and another 1997 SCMR 1275; Shahbazuddin Chaudhry v. The State PLD 2004 SC 785; The State v. Haji Kabeer Khan PLD 2005 SC 364 and Ghulam Raza v. Khuda Buksh and another 2005 SCMR 1904 ref. ORDER SADIQ MAHMUD KHURRAM, JUSTICE:---.--- Through this petition under section 497 Cr.P.C, the petitioner namely, Muhammad Waris seeks post-arrest bail in case FIR No.243 of 2018 dated 16.05.2018 registered at police station City Kehror Pacca, District Lodhran in respect of offences under sections 376 and 292 P.P.C. 2. The allegation as against the petitioner namely Muhammad Waris, culled from the evidentiary material produced before the Court, is that he raped Mst. Naila Abdul Ghaffar the…

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