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MUHAMMAD RAFIQUE versus THE STATE


Criminal Code of Conduct (CCP) Sections 497 (1) and 497 (5) of the Constitution of Pakistan (1973 Article 185 (3)), Interim post-arrest bail was granted on account of ill health due to non-compliance with cancellation doctor's advice. During the official visit to jail by the session judge, the doctor advised the accused to undergo MRI so that he could be given an opinion as to whether the accused needed surgery or failed to follow the doctor's advice. The bail was canceled by the sessions judge and the High Court refused to grant the same justification. The High Court rightly refused to grant the accused bail. Was terminated under the order of a session judge, which was approved by the High Court and refused leave of appeal.

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