Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324 34---Qatl-i-amd, attempt to commit qatl-i-amd and common intention---Bail, refusal of---Medical ground---Scope---Accused sought bail on medical grounds after dismissal of his bail application on merits---Accused had not sought bail on medical ground despite availability of such ground rather he had waited for the fate of his bail petitions so filed on merit; then, he applied for his release on medical ground in second round, therefore, the petition was not maintainable---Ailment of the accused was not as such, which was either hazardous to his life or the same could not be treated from the jail, therefore, the discretion so available under the law could not be exercised in his favour---Bail application was dismissed, in circumstances. JUDGMENT S M ATTIQUE SHAH, J.---Through instant bail petition, petitioner Sadiq seeks his release on bail in case FIR No.337 dated 25.03.2016, registered under Sections 302/324/34, P.P.C., at Police Station Bhana Mari Peshawar, wherein he along with co-accused Yousaf Ullah are charged for indiscriminate firing at complainant party; which resulted into death of Qazi Khan (father of complainant Hizbullah) and their driver Shakoor Khan; while complainant escaped unhurt. 2. I have heard learned counsel for the parties and gone through the record. 3. It is pertinent to mention that prayer of petitioner for his release on bail on merit has already been dismissed upto this Court vide order dated 11.05.2020 and; now he is seeking his release on bail through instant petition on medical ground. 4. The record reveals that during pendency of instant bail petition, an application (Cr. M. No. 42-P/2021), was filed on behalf of petitioner, for his examination through Standing Medical Board in order to determine gravity of his ailment; which was allowed with direction to Director General Health Khyber Pakhtunkhwa, to constitute a Standing Medical Board for examination of petitioner and pursuant thereto, petitioner was examined by Standing Medical Board and; submitted the following report: that patient with history of back pain referring to lower limbs. He…

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