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Petition for Special Leave to Appeal No. 14‑P of 1970, decided on 2nd April 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 13th March 1970, in Criminal Miscellaneous Application No. 32 of 1970).
-----Ss. 497(1), proviso, & 498‑Bail‑Age by itself‑No ground for bail‑Petitioner suffering from gastritis and lumbago and admitted as indoor patient in Jail Hospital and receiving treatment‑Disease being easily amenable to cure, petitioner, held, was not sick or infirm within meaning of proviso to subsection (1) of S. 497.
Zahurul Haq, Advocate Supreme Court instructed by Nur Ahmad Khan, Advocate‑ on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing : 2nd April 1970.
.‑The petitioner is charged for the offences under sections 302, 307 read with section 149 and section 148, P. P. C. The Additional Sessions Judge, Mardan, allowed him bail on the grounds of infirmity and old age, but a learned Judge in the High Court found the petitioner, by physical appearance, quite fit and the disease of gastritis not sufficient to make him infirm within the purview of sec tion 497 of the Code of Criminal Procedure. The bail was, accordingly, cancelled.
The petitioner seeks leave to appeal on the ground that he was by reason of his‑ old age and illness entitled to bail. There is no substance in either ground as age by itself is not a ground for bail, nor is the petitioner sick or infirm person within the proviso to subsection (1) of section 497. The learned counsel for the petitioner drew our attention to the certificate issued by the Medical Officer, Central Prison, Peshawar, on the 25th March 1970, that the petitioner is suffering from "gastritis and lumbago" and is an indoor patient in the Jail Hospital since 14‑3‑1970. The petitioner is thus getting proper treatment for the diseases which are easily amenable to cure in a Jail Hospital.
The petition is, accordingly, without any force and is dismissed.
Leave refused.
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