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Criminal Petition for Leave to Appeal No. 21/P of 1984, decided on 9th June, 1984.

(On appeal from the Judgment and Order of the Peshawar High Court, dated 21st April, 1984 in Criminal Miscellaneous 68/1084).

‑‑ Art. 185(3)‑Criminal Procedure Code (V of 1898), S. 497‑Bail in murder case granted on ground of infirmity and old age of accused -High Court found to have rightly taken into consideration physical infirmity as well as old age of accused‑No reason shown to interfere with impugned order‑Leave to appeal against grant of bail refused.

Shakirullah Jan, Advocate Supreme Court and Qasim Imam, Advocate on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 9th June, 1984.

.‑By this petition leave is sought to appeal against the judgment and order of the learned Peshawar High Court, dated 21‑4‑1984 passed in Criminal Miscellaneous No. 68 of 1984.

2. In the murder case of Ahmad Ali three persons were charged namely Imdad Khan alias Daday, Shahfarash Hussain and respondent No. 1 Sher Hussain. Sher Hussain and Imdad Khan were arrested while Shahfarash Hussain is still absconder. The first mentioned two accused moved an application for bail before the Additional Sessions Judge, Peshawar who granted bail to them. Petitioner Sardar Ali moved an application for the cancellation of bail granted to the aforesaid two accused, which was heard by the Acting Chief Justice S. Usman Ali Shah who, vide his order dated 21‑4‑1984, cancelled the bail granted to Imdad Khan and ordered his arrest but the order as regards grant of bail to Sher Hussain was, however, maintained on the ground that he was of old age and blind from one eye.

3. Learned counsel's contentions are that the impugned order is con trary to the provision of section 497 subsection (5) and section 498, Cr.P.C. that in refusing to cancel the bail of the respondent the learned High Court Judge has not kept in view the provision of section 497, Cr. P. C. as mere loss of sight of one eye is not a ground equivalent to or synonymous with physical infirmity that ground of old age is also not a reason for admitting the accused to bail.

4. We have examined the contentions raised by the learned counsel and find that the learned Acting Chief Justice of the High Court has rightly taken into consideration the physical infirmity as well as the old age of the accused. We find no reason to interfere with the impugned order and consequently the petition is dismissed.

S. Q. Petition dismissed.

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