Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/34

(a) Criminal Procedure Code (V of 1898)---   ----S. 497---Penal Code (XLV of 1860), Ss.302/324---Bail, grant of--¬Medical grounds---Case of counter-version---Enough material had been placed on record to show that accused was suffering from cardiac problem and had got other serious medical problems---Documents brought on record with regard to illness of the accused had been signed by top Surgeons and Doctors of a renowned Hospital of the city and other medical institutions---Credence could be given to said documents whilst deciding case of the accused for grant of bail---Besides the medical ground, the accused was also entitled to concession of bail on ground of counter version---Concept behind granting concession of bail to the accused despite prohibition under S.497, Cr.P.C., was that if accused was able to show to the Court that more than one version of the incident was available, then a doubt would be created as to whether prima facie a case existed against the accused or not---Three F.I.Rs. had been lodged in the present case and same incident had been shown in three different versions which would, in circumstances, necessitate recording of evidence before it could be decided whether the accused was guilty or not---Bail was granted to the accused.   Sirajuddin v. Raisuddin and another 1980 PCr.LJ 1066; Abdul Aziz v. Bashir Ahmad and another PLD 1966 SC 658; Rai Attaullah Khan v. Raja Anar Khan 1979 SCMR 471; Muhammad Ashraf Khan v. The State 1990 PCr.LJ 169; Abdul Hameed v. The State 1992 MLD 414; Mian Muhammad Aslam Goraya and others v. The State 1977 PCr.LJ 394; Malik Muhammad Yousafullah Khan v. The State PLD 1995 SC 58; Muhammad Sachal v. The State 1998 PCr.LJ 1597; Abbas v. The State 2000 SCMR 212; Zakhim Khan Masood v. Special Judge, Central, Rawalpindi and 3 others 1998 SCMR 1065; Fazal Muhammad v. Ali Ahmad and 3 others 1976 SCMR 391; Shoaib Mehmood Butt v. Iftikhar¬ul-Haq and 3 others 1996 SCMR 1845; Muhammad Aslam and another v. The State 1997 SCMR 251 and Zafar Iqbal v. The State 1999 PCr.LJ 1840 ref.   (b) Criminal Procedure Code (V of 1898)---   ----S. 497---Concept behind grant of concession of bail---Concept behind…

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