Law:

Section:

(a) Prisons Act (IX of 1894)-- ----Ss. 42 & 45(12)---Pakistan Prisons Rules, 1978, Rr.690 & 691---Criminal Procedure Code (V of 1898), Ss.435, 439 & 561-A---Revision---Facility of air-conditioner , fridge and physiotherapy machine on medical grounds to the prisoner---Admissibility---Person was a Senator and undertrial prisoner who was suffering from various ailments including skin disease---Jail Doctor alongwith medicines had recommended the prisoner, amongst other things to stay in cool room, preferably air-conditioned room/room-cooler---Facilities of air-conditioner, fridge and physiotherapy machine were provided to the prisoner on medical ground under order of Trial Court---Authenticity of medical report was not challenged---Other 28 superior class undertrial prisoners had not been provided with such facility of air-conditioner---Facility so granted to the prisoner was neither permitted nor prohibited under the rules---Court having granted facilities under rules on medical grounds, order of Trial Court could not be interfered with by High Court in revision. Khalid Umar v. The State 1989 MLD 4938 and M. Ismail Shaikh v. The State 1993 SCMR 1460 ref.. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 435 & 439---Revisional jurisdiction---Applicability---Where interest of justice requires interference for correction of manifest illegality or prevention of gross miscarriage of justice, revisional jurisdiction can be exercised by High Court. THIS JUDGMENT DELIVERED BY: SHABBIRAHMED, JUSTICE;---.--- The State, through Advocate-General, Sindh, has invoked the revisiona jurisdiction of this Court by the present Criminal Revision Application. under section 439, Cr.P.C. read with section 561-A of Cr.P.C. against the order dates 4-6-1998 passed by learned Sessions Judge, Karachi West. By the impugned order the respondent has been allowed the facility of air-conditioner on medical ground, on his own expenses. Short but precisely relevant facts leading to the present revision application are that the respondent. Senator Asif Ali Zardari, is facing his trial alongwith others as U.T.P. in Session Case No.198 of 1998 State v. Wajid Ali Durrani and others,…

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