Law: Pakistan Penal Code, 1860

Section: S. 497, Ss. 302, 324, 337-A(1), 337-A(iii), 337-F(v) & 34- S. 15,,, Art. 9

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section:

Law: Constitution of Pakistan, 1973

Section:

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 337-A(1), 337-A(iii), 337-F(v) & 34--Khyber Pakhtunkhwa Arms Act, 2013, S. 15--Constitution of Pakistan, 1973, Art. 9--Bail, grant of--Common intention made firing--Medical opinion--Treatment of disease was not available in jail--Question of--Whether such disease could be properly treated in jail or not--Validity--Since accused was suffering from a serious disease and if not treated properly, same may be proved fatal for his life and thus it is one of his fundamental right as guaranteed to him under Art. 9 of Constitution to secure his life by taking proper treatment and as such if accused was refused bail then same would amount to deny him treatment of his own choice and that too for a disease which may be fatal for his life--Accused has turned out to be a sick and an infirm person as per record of case, he was unable to walk as well and he needs support at every step of life like going to washroom etc--The order-sheets of trial Court also indicate that he was not attending Court proceedings as he could not be produced from hospital, therefore, in such eventuality it was better to release him on bail than keeping him in jail--Trial already in progress, therefore, further custody of accused was neither required to prosecution nor same would serve any useful purpose--Bail was allowed.    [Para 6, 7 & 9] A, B & F

2004 SCMR 15, PLD 2009 SC 797 ref.