Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Criminal Procedure Code (V of 1898) S. 497 (2)-Bail-Petitioner suffering from Asthmatic Bronchitis of a chronic type with left pulmonary T. B.-Illness not of type as to render petitioner an infirm person within meaning of second proviso to S. 497, Cr. P. C.-According to Medical Board, petitioner needing only proper treatment whether inside or outside jail-Penal Code (XLV of 1860), Ss. 302 & 307/34. Date of hearing : 3rd October, 1979.                                                                                                                             ORDER G. SAFDAR SHAH, J.-The petitioner, who is at present in judicial custody, is charged under section 302/307/34, P. P. C. for the double murders of Gul Muhammad and Sher Sultan and for having attempted on the life of complainant Wahid Gul. In order to secure bail for himself on the ground of infirmity within the meaning of the second proviso to section 497, Cr. P. C., he first applied to the Sessions Judge but his application was dismissed. Thereafter he made an application to the High Court but his application was dismissed vide the impugned order. We have heard Mr. A. G. Chaudhry, the learned counsel for the petitioner. According to the report of the Registry this petition is barrel by seven days. But we condone the delay and proceed to dispose of the petition on merits. The learned counsel contended that the petitioner was indeed an infirm person within the meaning of the second proviso to section 497, Cr. P. C.. and consequently the High Court was in error not to release him on bail. In support of his contention, the learned counsel relied on three medical reports (1) A report of one Doctor Murad, a Private Practitioner ; (2) A report of the Jail Doctor and (3) A report of the Medical Board which had examined the petitioner for his ailment. Now it is true that in all the said reports the…