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Criminal Miscellaneous No.2207-B and 2153-B of 1983, decided on 5th September, 1983.
---S.497-- Penal Code (XLV of 1860), Ss. 302, 404, 148 &149--Bail- Ground of alibi supported by affidavits of doctor and staff of rural dispensary that accused remained admitted on and till after date of occurrence as an indoor 'patient on account of an accident met by him- Bail granted.
Fida Hussain v. The State 1975 S C M R 151 and Ch. Muhammad Shafi v. Ch. Muhammad Anwar Samma and another 1975 S C M R 219 ref.
---S. 497--Penal Code (XLV of 1860), Ss. 302, 404, 148 & 149-- Bail--Accused serious patient of Transient Ischaremic with a poor circulation of blood to his brain and not being satisfactorily treated in jail-- Bail granted.
R . A . Awan for 'Petitioner.
Malik Abdul Rehman for Respondent.
Date or hearing: 5th September, 1983.
I have gone through the record. Muhammad Yaqoob P.W. from whom the stolen cycle was recovered and who is alleged to have purchased the same from the petitioner has not been produced. Admit. Notice.
2. Since I have gone through the entire record, and the revision petition can be disposed of just now therefore in view of section 440, Cr.P.C., I without hearing the State proceed to decide the case.
This order will dispose of the bail application of Muhammad Anwar (Crl. Misc. No. 2153-B/1983) and Muhammad Yousaf (Crl. Misc. No.2207 B/1983) in a case under sections 148, 302, 404/149, P.P.C. (F.I.R. No. 148, dated 12-7-1982) Police Station Satiana, District. Faisalabad.
2. The petitioners alongwith 5 others stand charged with murder of Sikandar deceased with firearms and hatchets.
3. Muhammad Yousaf seeks bail on the ground of alibi. It is urged on his behalf' that he had met with a road accident on 19-7-1982 and was admitted in the Rural Dispensary Pindi Bhattian and remained there till 28-7-1982 whereas the occurrence is alleged to have taken place on 22-7-1982. In support of this plea the affidavits of Capt. Dr. Zafar Iqbal, Medical Officer/Incharge, Rural Health Centre, Pindi Bhattian, Muhammad Hanif, Dispenser, Sardar Muhammad, Sweeper, Nazir Ahmad Water-carrier and Riaz Ahmad Ward-servant, have been filed. According to Capt. Dr. Zafar lqbal, he admitted Muhammad Yousaf petitioner in the Rural Health Centre, on 19-7-1982 after he had met with a road accident and discharged him on 28-7-1982 and that during this period the petitioner remained admitted as indoor patient and was unable to move about he was never absent from the hospital. The other officials have also supported the doctor and have made similar statements in their affidavits.
4. The learned counsel for the petitioner has relied upon a number of authorities to show that bail on the ground of alibi is permissible. Relying upon Fida Hussain v. The State 1975 S C M R 151 and Ch. Muhammad Shafi v. Ch. Muhammad Anwar Samma and another, 1975 S C M R 219. I admit Muhammad Yousaf petitioner to bail in the sum of Rs.15,000 (fifteen thousand) with two sureties in the like amount to the satisfaction of the A.C., Faisalabad.
5. Muhammad Anwar petitioner seeks bail on the ground of sickness. It is contended that the petitioner is a serious patient of Transient Inscharemic, gets vertigo giddiness, convulsions and fainting fits and that presently he is admitted in the District Headquarters Hospital and is under the treatment of neuro-physician who has reported that the constant care given to the petitioner reveals that further delay in the matter may harm him.
6. The learned counsel for the petitioner has referred to the report of the Medical Superintendent, District Headquarters Hospital, dated 2-7-1983. According to this report "the petitioner is a case of transient Ischaremic attacks with a poor circulation of blood to his brain, the rare and complicated disease cannot be further investigated in Faisalabad nor can vascular surgery of brain done in this Medical College". He has categorically stated that the petitioner cannot be satisfactorily treated in the Jail.
7. A number of authorities have been cited in support of the grant of bail on medical ground.
8. Keeping in view the state of health of the petitioner, I admit him to bail in the sum or Rs.15,000 (fifteen thousand) with two suretries in the like amount to the satisfaction of A.C., Faisalabad.
M.Y.H. Bail granted.
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