Law: Criminal Procedure Code (V of 1898)

Section: 497,497B

Law: Penal Code (XLV of 1860)

Section: 302,324,34

(a) Criminal Procedure Code (V of 1898) S.497Penal Code (XLV of 1860), Ss.302, 324 34Qatliamd, attempt to commit qatliamd and common intentionBail, grant ofMedical groundsScopeAccused, who sought bail on medical grounds along with another, was alleged to have committed murder and attempted at the life of others while being in the house of complainantStanding Medical Board constituted by the Court reported that the accused was 75 years old; that he was suffering from multiple diseases of severe nature and that his treatment inside the jail might not be possibleCorrect criteria for grant of bail to an accused in a nonbailable case on medical grounds was that the sickness or ailment with which the accused was suffering was such that it could not be properly treated within the jail premises and that some specialized treatment was needed and his continued detention in jail was likely to affect his capacity or was hazardous to his lifePetition for grant of bail was allowed on the sole medical ground. Haji Mir Aftab v. The State 1979 SCMR 320 ref. Peer Mukaram ul Haq v. National Accountability Bureau (NAB) through Chairman and others 2006 SCMR 1225 and The State v. Haji Kabeer Khan PLD 2005 SC 364 rel. Mian Manzoor Ahamed Watto v. The State 2000 SCMR 107 foll. (b) Criminal Procedure Code (V of 1898) S.497BailMedical groundsScopeWhere the court is satisfied of the sickness of the accused and that such disease cannot be properly treated in custody, then gravity of the disease outshines the gravity of the offence. ORDER ROOHULAMIN KHAN, J. Muhammad Hussain, seeks post arrest bail in case FIR No.98 dated 28.07.2018, registered under sections 302/324/34, P.P.C., at Police Station Bara, on medical ground. Petitioner along with coaccused Shaukat Hussain is charged for committing murder of Bakht Jamal deceased and an attempt at the lives of complainant Muhammad Hussain, Shah Wazir and Mst. Meraj Bibi as well as causing firearm injuries to Mst. Meraj Bibi on 28.07.2018 at 0430 hours in the house of complainant, situated in village Nawa Kamar Bara. 2. Arguments of learned counsel for the parties heard and record perused. 3. Since, learned counsel for the petitioner was pressing…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492