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Petition for Special Leave to Appeal No. 210 of 1968, decided on 8th October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated 17‑6‑68, in Criminal Miscellaneous No. 181/68, in Criminal Appeal No. 336 of 1967).
S. 497‑Murder case‑ Cancellation of bail by High Court on report of Medical Board that accused was in good health‑Petition for Special Leave to Appeal against order of cancellation of bail‑Prayer refused by Supreme Court on ground that discretion exercised by High Court was not arbitrary.
Malik Saeed Harsan, Advocate Supreme Court instructed by Raja A. Razzak, Attorney for Petitioner.
Nemo for the State.
Date of hearing : 8th October 1968.
The petitioner and two others have been convicted by the trial Judge under section 302/34, P. P. C. and sentenced to transportation for life for the murder of one Ibrar Hussain Shah. They have preferred an appeal to the High Court which is still pending.
The petitioner moved for his bail in the High Court on the ground of his illness which was stated to be Haemeturie (presence of blood in urinary) and Angia Pactoris. The High Court called a report from the jail doctor which confirmed the petitioner's illness as mentioned above and he was released on interim bail on the 14th of July 1967, which was confirmed on 3‑10‑1967.
The father of the deceased thereupon moved an application in the High Court for cancellation of the petitioner's bail alleging, inter alia, that he was not suffering from any disease. On this the High Court called for a report from Nishtar Medical Hospital where a Medical Board was convened by two doctors who found that the general health of the petitioner was fair and no abnormality was found in his urinary tract or other system and that his detention in jail would in no way endanger his life. In view of this report the petitioner's bail has been cancelled leading to the present petition for special leave in this Court.
We see no reason to disagree with the High Court that the state of the petitioner's health, as reported by the Medical Board, did not justify his release on bail in a murder case. At any rate it is not a case of arbitrary exercise of discretion by the High Court to call for our interference.
We dismiss the petition.
Leave refused.
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