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Criminal Petition No. 57 of 1982, decided on 16th March, 1982.
(On appeal from the order, dated 9‑2‑1982 of the Lahore High Court passed in Criminal Miscellaneous No. 324/11 of 1982).
Criminal Procedure Code (V of 1898)‑
-----Ss. 497 & 498‑Bail‑[Murder‑case]‑No part
in occurrence attributed to accused but murder allegedly committed at his instance Medical certificate showing that accused petitioner aged 55 years was suffering from heart ailment and that detention would severely affect his health‑Held, grant of bail to accused in circumstances was well within discretion of High Court‑Order of High Court not suffering from violation of any principle of law governing grant of bail, held, does not call for interference by Supreme Court.
Q. M. Salim, Senior Advocate Supreme Court instructed by Muhammad Aslam Chaudhry, Advocate‑on‑Record (Absent) for Petitioner.
Kh. Sultan Ahmed, Advocate Supreme Court for Respondent No. 1.
Date of hearing : 24th February, 1982.
M. S. H. QURESHI, J
.‑The petitioner is aggrieved by the order of the High Court dated 9‑2‑1982 allowing bail to respondent Sardar Khalid Umar in a case under section 302/307/109, P. P. C. No part in the occurrence was attributed to the respondent but it was alleged that the murder had been committed at the instance of the said respondent and some others.
2. The main consideration, however, for the grant of bail was medical, the respondent being a heart patient. There is enough material, as discussed in the order of the High Court, to show that the respondent had been suffering from such ailment for some time. There is even a certificate from an Assistant Professor of Cardiology, King Edward Medical College, Lahore, to the effect that "this detention will severely affect his health particularly when he is already aged 55 years". 1n the circumstance, the grant of bail was well within the discretion of the High Court. There is no violation of any principle of law governing the grant of bail such as would justify an interference by this Court. The petition for grant of leave to appeal is, therefore, rejected.
Petition rejected.
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