Case Details

Citation(s)
1975 SLG 981 1975 SLD 981 1975 PCRLJ 921
Sindh High Court
Criminal Bail Application No. 477 of 1973, 22nd August, 1973
GHULAM RASOOL K. SHEIKH, J

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Ali Akber

VS

The StateOpponent

Law:

Section:

Keywords: Call, Magistrate, High Court, Detention, Order, Provisions, Government, Receipt, Procedure, Cancellation, Exception, Plea, Certificate, Regular Hearing, Jurisdiction, Powers Of The Court, Notice Result: Order accordingly JUDGMENT The applicant was challaned son Uri offence under section 302, P. P.C. He was granted bail by the Civil Judge and 1st Class Magistrate, Nausuero Feroze. The Sessions Court was moved for the cancellation of the bail Notice was issued to the applicant. Thereafter the bail was cancelled as It was pleaded before the learned Sessions Judge that the applicant was suffering from pulmonary and abdominal tuberculosis, and therefore, his detention was detrimental to health. To support this medical certificate was produced. The learned sessions Judge disbelieved the: certificate for the reasons stated by him. Being aggrieved by this order the present application was moved for the grant of bail. This matter came up before my learned brother 2;iau1 Haq Channa, J on 1-8-73 and by order of the same date the applicant was referred to Officer-in-Charge of T. B. Sanitorium, Kotri, for report regarding his illness. The medical officer certified that the applicant was not suffering from pulmonary tuberculosis. The learned counsel for the applicant has raised two points before mc.1 The first plea taken by him is that this Court has no jurisdiction to call told further report from another medical officer as according to hint this council was not sitting in appeal over the order of the learned Sessions Ju&Q1 under the provisions of sections 497 and 498 Cr. P. C. And had to…
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