Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--CNSA, 1997--Ss. 9(c), 14, 15 16--Bail after arrest, dismissal of--Allegation of--Recovery of opium--39.6-Kg opium was recovered from possession of petitioner, which falls within prohibitory clause of Section 497 Cr.P.C and entails death punishment, life imprisonment or imprisonment up to 14 years--Therefore, in such type of cases, no benefit could be extended to petitioner/accused especially when challan has been submitted in Court--Samples were sent for chemical examination and report of Chemical Examiner confirms that recovered substance was opium and charas that, too, goes against petitioner--Perusal of Medical Board Report shows that petitioner is a suspected case of (R.I) sided epidermal cyst which needs surgical incision if not improved with medical treatment--Above report did not specify that petitioner is suffering from cancer and that its treatment is not possible within jail promises or that petitioner apprehends threat to his life due to said disease--It signifies that disease as epidermal cysts, to be treated with medication first and then surgery as a second recourse--Not every ailment/disease entitles an accused to be released on bail unless such a disease is found life threatening or without possible cure in prison--In view of above, petitioner has not been able to make out a case for release on bail on medical grounds--However, Jail Authorities, are directed to impart necessary medical care/treatment to petitioner and shall also facilitate him to get his treatment from any government hospital within ICT--If treatment requires admission in hospital as per requirement of Medical Experts, same may also be made under given circumstances--Petitioner is also allowed to get his treatment from any private hospital at his costs subject to security arrangements by Chief Commissioner, ICT--Petitioner was not entitled to concession of post arrest bail--Bail was dismissed.  [Pp. 52 53] A, B, C, D E 2011 SCMR 1332. Order Fiaz Ahmad Anjum Jandran. J. Through this Crl. Misc. petition, the petitioner (Irfan Afridee) seek bail after arrest in FIR No. 185, dated 09.09.2019, registered under Sections…

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