Case Details

Citation(s)
2002 SLG 1512 2002 SLD 1512 2002 SCMR 1817
Supreme Court of Pakistan
Criminal Petition No. 202-L of 2002, decision dated: 11-04-2002
MUNIR A. SHEIKH, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Syed Zulfiqar Ali Bokhari, Advocate Supreme Court and Syed Abul Aasim Jafri, Advocate-on-Record for Petitioner

MUHAMMAD RAFIQUE

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss.497 (1) & 497(5)---Constitution of Pakistan (1973â-ž Art.185(3)---Bail, cancellation of---Illness---Non-compliance of advice of doctor---Accused was granted interim post-arrest bail on the ground of bad health, by the Sessions Judge during his official visit to the jail---Doctor advised the accused to get M.R.I. done so that thereafter opinion could be given whether the accused needed surgery---Accused failed to comply with the advice of the doctor--­Bail was cancelled by the Sessions Judge and High Court refused to grant the same---Validity---High Court had rightly declined to grant bail to the accused which was cancelled by the Sessions Judge---Order passed by the High Court did not suffer from any illegality---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.---The petitioner an undertrial prisoner who was lodged in jail, was granted interim post-arrest bail during the inspection of the jail by the learned Sessions…
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