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MUHAMMAD HAYAT versus STATE


Criminal Code of Conduct (CRPC) Section 6 Sen6, suspension of medical report about applicant suffering from bilateral pulmonary tuberculosis, a case presented for suspension of sentence in this case [bail]

1983 P Cr. L J 691

[Lahore]

Before Javid Iqbal, J

MUHAMMAD HAYAT-Petitioner

Versus

THE STATE-Respondent

Criminal Appeal No. 382 of 1981, decided on. 5th May, 1982.

Criminal Procedure Code (V of 1898)-

---S. 426-Sentence, suspension of-Medical report stating petitioner suffering from bilateral pulmonary tuberculosis-A case, held, made out for suspension of sentence, in circumstance.--[Bail]

Rab Nawaz Khan Niazi for Petitioner.

Mian Ghulam Rasul for the State.

ORDER

This is an application for suspension of sentence of Muhammad Hayat petitioner who has been convicted under section 13 of the Arms Ordinance, 1965, and sentenced to three years' R. I. The application for suspension of sentence is on medical ground. The report of the Medical Superinten dent is to the effect that he is suffering from bilateral pulmonary tuberculosis. It is stated in the report that he can be treated in the Jail Hospital and all the drugs are available in the Jail Hospital. But learned counsel states that the petitioner had been sent to Multan where he is admitted to the Jail Hospital but his condition had not improved as in the/ Jail Hospital he was not being properly attended to. Since the medical report is to the effect that he is suffering from bilateral pulmonary tuberculosis, a case is made out for the suspension of sentence. It is ordered accordingly and the petitioner is admitted to bail subject to his furnishing security in the sum of Rs. 30,000 with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Mianwali.

Bail admitted.

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