Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Miscellaneous No 2 of 1986 in Criminal Appeal No 237 of 1985, decided on 7th April, 1986.
‑‑‑S. 426‑‑Penal Code (XLV of 1860), S.302‑‑Bail, grant of‑‑Earlier medical report, showing petitioner an old man of 70, with Cataract in both eyes, enlarged prostate glands and general weak health, appearing to have been manoeuvred in collusion with Jail Medical Officer‑ Subsequent Medical report, however, indicating petitioner's state of health as satisfactory ‑‑Petitioner declined bail, in circumstances.
Nemat Khan for Petitioner.
Mehr Muhammad Khan for the State.
Muhammad Zaman Bhatti for Complainant.
This is a petition for suspension of sentence on behalf of Salehon convict who has been convicted under section 302/34, P.P.C. and sentenced to imprisonment for life and a fine of Rs.5,000. Bail is sought on the ground that he is infirm and would not be able to stand with the rigorous of imprisonment pending final disposal of his appeal. The Medical Officer Central Jail, Faisalabad, was directed to examine him and submit a report as to his age and present state of his health. Vide report No. 30 dated 9‑1‑1986, the Medical Officer reported that Salehon convict is an old man aged about 70 years, he has Cataract both eyes and suffering from enlarged Prostate and his general health is weak. During the pendency of this petition another convict namely, Daulat also moved an application for the Suspension of sentence on health ground. The Medical Officer Central Jail, Faisalabad was directed to examine him and submit a report. The name of Daulat petitioner was not mentioned in the letter sent to the Medical Officer by the D. R. (Judl.). However, title of the case "Salehon, etc v. The State" was mentioned therein. It appears that the jail authorities thought that Salehon was go be examined and he was produced before the Medical Officer, Central Jail, Faislabad, who again examined him and has submitted a report to the effect that he is about 70 years but "state of his Health is satisfactory". This report is, dated 22‑3‑1986. It is very strange that a person who was suffering from Cataract and enlarged prostate only 1/2 months back recovered from both the diseases and presently his health is satisfactory. It appears that the first report was manoeuvred in collusion with. Medical Officer. This petition (Cr. M. 2/86) is, therefore, dismissed A copy of this order be sent to the secretary, health Department, Government of Punjab, Lahore, for appropriate orders.
S.G.D. Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer