Law:

Section:

Keywords: Procedure, Care, Petition, Petitioner, Surety, F.I.R, Trial Court, Delay, Satisfaction, Management, Order Result: Petition allowed ORDER The applicants Abdul Hameed and Rashidullah along with four others are accused in a case under sections 302/149, 147, 148, P.P.C. And 13-D, Arms Ordinance, pending in the Court of Sessions Khairpur. The case set up against the accused in the F.I.R. Was that on 23-6-1971 they being variously armed went to the `Otak' of Kazi Abdullah deceased and called him out and thereafter applicant Abdul Hameed fired on the arm of deceased Kazi Abdullah and Rashidullah fired on his stomach resulting in his death. Out of the remaining accused Zabiullah and Sibqatullah fired from their revolvers in the air while accused Kifayatullah and Hameedullah brandished their hatchets in the air. The motive of the alleged crime was their disputes over management of a madrassah The last named 4 accused were granted bail by this Court on 5-3-1978 The present applicants have now applied for bail. Mr. Hayat Junejo, learned counsel for the applicants does not press bail for applicant Rashidullah and presses it only for applicant Abdul Hameed. The learned counsel contended that applicant Abdul Hameed was suffering from old Diabetese Mellitis which decease needs constant care and special type of diet which the applicant cannot possibly get it jail and he is therefore entitled to be released on bail, being a sick per or within the meaning of proviso to section 497,…

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