Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 302, 307, 1148, 149

Criminal Procedure Code (V of 1898), S. 498--Ball-Murder case-Accused an old man of 68/70 years although not suffering from any ailment yet old age itself brings infirmity and senility No reasonable ground existing to believe accused being guilty of an offence punishable with death or transportation for life-Bail already granted confirmed-Penal Code (XLV o1 1860), S. 302/3071148/ 149.                                                                                                                               ORDER This is sin application by Saklu Muhammad son of Pehlwan Khan for the grant of bail before arrest, under section 498, Cr. P. C He is accused of offences under sections 148 and 302/307/149, P, P. C. alongwith seven others. He applied for bail before arrest before the learned Sessions Judge, Jhelum on the ground of old age and ill-health but the same was rejected by the sessions Judge vide his order dated 14-11-1972. Hence the present application. 2. In support of his application he produced a certificate from the Medical Superintendent, District, Headquarters Hospital, Jhelum, according to which, the petitioner s heart was enlarged. I, ordered him to be medically examined by the Assistants Professor Cardiology, Mayo Hospital, Lahore, who reported later alia, that the petitioner's heart was normal. The contention that he should be granted bail on medical ground is therefore not available to him. The learned counsel contended next that, admittedly, there was enmity between the accused party and the complainant party and that the latter had involved as many members of the petitioner's family, as possible, due to the said enmity:, He pointed out that according to the allegations .in the F. I. R. petitioner's son and grand-sons as well as his other relatives have been named as assailants and they (the complainant party), did not spare…