Case Details

Citation(s)
1981 SLG 3228 = 1981 SLD 3228 = 1981 PCRLJ 1103
Lahore High Court
Criminal Miscellaneous No. 3596-B of 1980, decided on 3rd November 1980.
Presented By: Abdul Shakurul Salam, J
Allah Wasaya Malik for Petitioner. Abdul Wahab for the State.

MUHAMMAD SIBTAIN SHAH-Petitioner

VERSUS

THE STATE-Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail-[Murder-case] - Petitioner alleged to be one of 10 accused amongst whom one co-accused opened fire while others joined him-Petitioner- suffering from pulmonary tuberculosis and could better be treated privately than in Jail hospital-Petitioner allowed bail, in circumstances. Kaisar Mustafa and another v. The State 1970 P Cr. L J 1128 and Haji Mir Afrab v. The State 1979 S C M R 320 rel. Haji Rahimullah v. The State and another 1970 S C M R 514 distingu ished. ,                                                                                                                   ORDER The petitioner is involved alongwith 9 others in a case registered against him under sections 302/307/148/149/109, P. P. C. on 12thFebruary, 1980. Soon thereafter, he was arrested and since then he is in Jail. He applied for bail on medical ground and a certificate from the Medical Superintendent, D. H. Q. Hospital, Sargodha is to the effect that "His X-ray shows infiltration of Right Apex. His E. S. R. of Mood is 36. He can be treated effectively in Jail Hospital." 2. Learned…
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