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MST. NAZIRAN BIBI versus THE STATE


Criminal Code of Conduct (CR PC) Section 497/498 Sentencing Code (XLV of 1860), Section 302/308/313/34 Bail Health Ground Ex-bail application rejected even though the co-accused was allowed to bail. The accused in the report was also in asthma and about 55 years of normal condition is not satisfactory accused, therefore, he was granted bail.

1985 P Cr. L J 2467 (1)

[Lahore]

Before Muhammad Rafiq Tarar, J

Mst. NAZIRAN BIBI‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 1164‑B of 1985, decided on 4th June, 1985.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497/498‑‑Penal Code (XLV of 1860), S. 302/308/313/34‑‑Bail‑ Ground of health‑‑Previous bail application declined although bail to co‑accused was allowed‑‑Doctor reporting sickness‑‑Accused also asthamatic and about 55 years of age‑‑General condition not satisfactory‑‑Accused, therefore, was admitted to bail.

Syed Zulfiqar Haider for Petitioner.

Hafiz Ghulam Bari for the State.

ORDER

Mst. Naziran Bibi petitioner is involved in a case under sections 302, 308 and 313/34, P.P.C. She has moved this petition for bail. Previously she and her co‑accused moved Criminal Miscellaneous No. 3178‑B of 1984. By order, dated 12‑1‑1985 her co‑accused was admitted to bail but this concession was declined to her. The present petition has been moved on health ground. The Medical Officer, Jail Hospital, Faisalabad, was directed to examine the petitioner and submit a report. He has reported that "She underwent cholycystecitomy two and a half year ago. She has recently developed complaint of flatulent dyspepsia distention, indigestion and pain off and on in the right hypogastrium. She is also asthamatic. She appears to be fifty‑five years of age and her general condition is not very satisfactory".

2. The above report shows that Mst. Naziran is a sick person. I, therefore, admit her to bail in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Faisalabad.

S.A. Petition accepted.

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