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Petition for Special Leave to Appeal No. 26 of 1967, decided on 18th December 1967.
(In the matter of an application for bail on behalf of Salim Akhtar, respondent No. 4).
S. 497-Bail pending appeal to Supreme Court sought on ground that petitioner had attacks of angina pectoris and that he was not receiving proper treatment at Jail Statement not supported by any medical certificate-Petition for bail dismissed.
Nasim Hasan Shah, Senior Advocate Supreme Court (Shaukat Ali Khawaja, Advocate Supreme Court with him) instructed by Khalil-ur-Rahman, Attorney for Petitioner.
Nemo for Respondents Nos. 1-3 and 5.
Ali Raza, Advocate Supreme Court instructed by Maqbul Ahmad Rana, Attorney for Respondent No. 4.
Masud Ahmad, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State.
Date of hearing : 18th December 1967.
.-This petition for bail has been filed under the following circumstances.
Five persons, namely, Allah Ditta, his son Salim Akhtar, together with Abdul Ghani and two of his sons Riaz Hussain and Sabir Hussain, were tried for the crime of murders, attempted murder, and hurt as members of an unlawful assembly. The trial Judge convicted Salim Akhtar and Riaz Hussain under section 302/149, P. P. C. on two counts and sentenced them to death. The other three accused who were held constructively liable for the said murders were awarded transportation for life. All of them were also convicted and sentenced to various term of imprisonment under sections 148, 307 and 323 read with section 149, P. P. C. On appeal and reference, they were acquitted by the High Court.
Waheed-ud-Din, a brother of one of the murdered persons then filed a petition for special leave to appeal to this Court against the judgment and order of the High Court. This Court while granting special leave to appeal, ordered issue of non-bailable warrants for the arrest of Salim Akhtar and Riaz Hussain and of bailable warrants in respect of the other accused.
Salim Akhtar and Riaz Hussain then surrendered before the District Magistrate, Sahiwal, on 19-7-67. On 25-7-67, this Court dismissed the bail petition filed on behalf of Riaz Hussain and Salim Akhtar.
Salim Akhtar again seeks bail on the ground that from 10-1-67 to 22-11-67, he had five attacks of angina pectoris and that he was not receiving proper treatment at the Jail.
Curiously enough, the above statement in the petition is not supported by any medical certificate. In support of the above statement the petitioner could have easily filed a certificate of the doctor attached to the Jail Hospital. In these circumstances, we are unable to accept the above statement of the petitioner Salim Akhtar.
This petition is accordingly dismissed.
The petitioner, if so advised, may move a fresh petition for bail on proper materials.
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