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Criminal Procedure Code (V of 1898)--

---S. 426--Penal Code (XLV of 1860), S. 307/326/325/296/148/149 Bail grant of Petitioner allowed bail by High Court during trial on ground of his illness--Held: A fit case for suspension of execution of sentence, in circumstance--Petitioner allowed bail.

Raja Muhammad Anwar for Petitioners.

Noor Muhammad for the State.

Date of hearing: 31st December; 1983.

This is an application for bail on behalf of Bashir Ahmad, Munir Ahmad, Nazir Ahmad and Dr. Riaz Ahmad petitioners for the suspension of the execution of sentence. They stand convicted under section 307/34, P.P.C. and sentenced to 9 years maximum. They have also been convicted under sections 296/34, P.P.C. and sentenced to one year's.R.I. Learned counsel does not press for the bail of Munir Ahmad, Bashlr Ahmad and Nazir Ahmad at this stage. He states that he would repeat petition after the record is received.

2. As far Dr. Riaz Ahmad, the learned counsel submits that he is sick and infirm person within the meanings of section 497, Cr.P.C. and that during trial he was granted bail by the High Court on the A ground of his illness.

Learned counsel for the State has, however, opposed the plea for bail of Dr. Riaz Ahmad on the ground that specific part has been attributed to him.

3. I have considered the arguments advanced by the learned counsel for the parties with care. I find that the petitioner was granted bail by the High Court on the ground that he was a heart patient and as such it is a fit case for the suspension of the execution of sentence. The petitioner Dr. Riaz Ahmad is allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A . C . /Duty Magistrate, Toba Tek Singh.

S.G.D.

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