| Citation(s) |
|---|
| 2012 SLG 822 2012 SLD 822 2012 PLD 73 |
Islamabad High Court
Criminal Miscellaneous No. 99-B of 2012, decision Dated: 05-03-2012.
MUHAMMAD AZIM KHAN AFRIDI, JUSTICE
Petitioner(s) by: Tanveer Iqbal and Ch. Khanzada
Respondent(s) by: Babar Saeed Butt, Shabbir Abbasi, Standing Counsel along with Zia-ul-Hassan, Inspector F.I.A.
Criminal Miscellaneous No. 99-B of 2012, decision Dated: 05-03-2012.
MUHAMMAD AZIM KHAN AFRIDI, JUSTICE
Petitioner(s) by: Tanveer Iqbal and Ch. Khanzada
Respondent(s) by: Babar Saeed Butt, Shabbir Abbasi, Standing Counsel along with Zia-ul-Hassan, Inspector F.I.A.
ANJUM AQEEL KHAN
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Prevention of Corruption Act, 1947
Section: 5(2)
Law: Pakistan Penal Code, 1860
Section: 109,406,409,420,468,000
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 406/409/420/468/471/109---Prevention of Corruption Act (11 of 1947), S.5(2)-Criminal breach of trust, criminal breach of trust by public servant, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment, criminal misconduct --- Bail, grant of--- Bail on medical grounds--- According . to report of a foreign hospital accused was suffering from moderate/severe mitral stenosis in a pliable valve---Report from a local hospital revealed that accused was at a very high risk of thromboembolism because of suffering from mitral stenosis--- Findings of medical board constituted by the High Court revealed that accused was suffering from rheumatic heart disease and had severe mtitral valve disease and was recommended to undergo mitral valve replacement surgery in a well-equipped facility---Saul medical board had also opined that supportive facilities were not developed up to the standards at the local hospital and recommendations were made for performing the surgery abroad---Where court was satisfied of the sickness of the accused and such disease could not be properly treated in custody, then gravity of the disease would outshine the gravity of the offence---In view of the findings of the medical board and the medical history of the accused, he was a seriously sick person with a life threatening ailment, treatment of which was not possible in jail premises because of which he deserved to be released on boil under the first proviso of S.497, Cr. P.C---Bail application of accused was accepted and he was released on bail. Zakhim Khan Masood's case 1998 SCMR 1065; Firdous Paul's case 2004 SCMR 15; Malik Muhammad Yousafullah Khan's case PLD 1995 SC 58; Liagat and another's case 1995 SCMR 1819; Aamir Mehmood's case 2009 PCr.LJ 1472 and Malik Muhammad Yousafullah Khan's case 1995 .PCr.LJ 502 rel. (b) Criminal Procedure Code (V of 1898)-- ----S. 497---Penal Code (XLV of 1860), Ss. 406/409/420/468/471/109---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust, criminal breach oftrust by public…
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