Law:

Section:

Crimisal Procedure Code (V of 1898)--- S. 497 (1), proviso-Bail - Infirm persons-Proviso to S. 497(1)--Held, merely confers discretion on Court to admit in ­arm person to bail but does not entitle Bran( 96 bail as a matter of right). ORDER DORAB PATEL, J.-The petitioner and his brother are being tried under section 302134, P. P. C. for the murder of Jafar Hussain. The peti­tioner after his arrest had applied for bail in the Sessions Court on the ground of illness, and this application was allowed by the Additional Sessions Judge, Lahore on 26th November, 1976. On 23rd June, 1977, Zaid Hussain, the brother of the deceased, filed an application for the cancel­lation, of bail in the Lahore High Court on the ground that the petitioner was not suffering from any serious illness, therefore, after notice to the petitioner, the Lahore High Court directed him to be examined by Dr. Bashir Ahmad, Neuro Surgeon, of the Mayo Hospital, Lahore. The petitioner was examined by Dr. Bashir Ahmad on 28th November, 1977 and according to learned counsel, Dr. Bashir Ahmad submitted a report that the petitioner was suffering from back ache and sciatica and the advice was that he should be admitted into hospital. But the learned Judge held that it was clear from Dr. Bashir Ahmad's opinion that the petitioner was not suffering from any serious disease, therefore, he cancelled the bail granted to him by the lower Court. Hence, this petition for leave . Learned counsel relied on the earlier order of the Sessions Court and as submitted by him this order states that the petitioner had been treated in hospital. However, this order is of no help to the petitioner's case because he had been discharged after his treatment in the Mayo Hospital and the question was of his condition at the time when his case was examined by the High Court. Learned counsel then submitted that the High Court had misread Dr. Bashir Ahmad's report. But, despite this submission this alleged report, on which the petition for leave is based, has not been filed. However, in the interest of justice, we permitted learned counsel to show us a photostat copy of what…

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