Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 497(1), first proviso---Bail on medical ground---Every ailment does no attract invocation of discretion contained in first proviso to S. 497(1), Cr.P.C.----Strong reasons must exist to believe that despite advanced medical technolog3 and availability of medicines, treatment and care of accused was not possible it Jail Hospital regard being had to nature of illness. (b) Criminal Procedure Code (V of 1898)--- -----S. 497(1), first proviso---Penal Code (XLV of 1860), S.302/34-­Constitution of Pakistan (1973), Art.185(3)---Bail---Accused was suffering from common disease which could be conveniently treated in Jail Hospital and did no appear to be life threatening---Trial Court misconstruing legal position had grossly erred in allowing bail to accused, whereas High Court by assigning sound reasons had corrected the wrong and rightly directed cancellation of his bail---Impugned order of High Court being in consonance' with basic requirements and spirit of law, did not warrant interference---Leave to appeal was consequently refused. Haji Mir Aftab v. The State 1979 SCMR 320; Abdul Aziz v. Bashir Ahmad and another PLD 1966 SC 658; Muhammad Bashir v. The State 1991 PCr.LJ 2422; Tariq Bashir and 5 others v. The State PLD 1995 SC 34 and Mian Dad v. The State and another 1992 SCMR 1286 ref. . Ch. Ali Muhammad, Advocate Supreme Court for Petitioner. Hasnat Ahmad, Assistant Advocate-General and Rao M. Yousaf Kha Advocate-on-Record for Respondent No. 1. M.A. Qureshi, Advocate-on-Record for Respondent No.2. Date of hearing: 10th April, 1997. ORDER MUNAWAR AHMAD MIRZA, J.---This petition is directed against order, dated 13th March, 1997 passed by Lahore High Court reversing an order of trial Court, dated 15th August, 1996 whereby bail granted to petitioner was cancelled. 2. Facts briefly mentioned are that respondent No.2'Umar Hayat and his brother deceased Muhammad Ramzan at about 5-30 p.m. on 28th May, 1995 were bringing back cattles towards house when petitioner alongwith three co-­accused namely (i) Muhammad Siddique alias Bhola, (ii) Bashir alias Khan and (iii) Safdar Ali carrying .222 bore rifles attacked and caused fire-arm…

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