The defendant's position was that he was suffering from an illness, pursuant to Article 426 of the Penal Code (XLV of 1860), section 302/324/34, the attempted murder of Qatil Omar, the joint intention to suspend punishment on medical grounds. The fatal nature, which could not be cured in prison, was disclosed in the Medical Board Accuracy Report that the suspect was suffering from hemiplegia and exaggerated anxiety and needed proper management and the fact was not mentioned in the regular Physiotherapy Seed report. The accused was unable to be treated. The jail hospital suspect was undergoing life-long imprisonment and his illness was not of the nature that demanded him to be released on bail or his sentence suspended, a request for a suspension of sentence was dismissed.
Related judgments — Peshawar High Court NWFP, 2012