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Criminal Bail Application No. 1287 of 1985, decided on 31st October, 1985.
---S.497--Penal Code (XLV of 1860), S.302/34--Bail--Applicant t>out 65 years of age with weakened physique and underwent abdominal operation--Both lungs of applicant had infiltration--X-Ray report disclosing that applicant was suffering from T.B. of both lungs- Applicant admitted to bail in circumstances.
Sarfraz Khan Tanoli for Applicant.
Muhammad Ibrahim Memon, Addl. A.-G. for the State.
Date of hearing: 31st October, 1985.
The applicant is standing trial on a charge under section 302/34, P.P.C. In the Court of the IVth Additional Sessions Judge, Karachi. In regard to the incident, which occurred on account of some previous dispute between the parties, the description given in the F.I. R. is as follows: --
"I called him and offered tea to him. Ejaz saying to order tea for him and he would be returning from his compound, went away, 4/5 minutes had passed when we heard cries of save" "save" of Ejaz Hussain and my other companions came out of the hotel, we saw that Ahmed was having a dagger in his hand and Qasim Shah was having a Danda in his hand and both of them were making attack at Ejaz Hussain. Ahmed s/o Qassim attacked Ejaz Hussain on his chest with a dagger. Immediately on receiving the dagger blow, he fell on the ground."
Admittedly, the applicant had a Danda, but it was the co-accused, Ahmed, who hit the deceased with a dagger on the chest.
The other contention of Mr. Sarfraz Khan Tanoli is that the applicant is an old and infirm person, to whom benefit under section 497, Cr.P. C. can be extended. A National Identity Card of the applicant is on the record, but the same shows the applicant to be a young man. Mr. Sarfraz Khan Tanoli stated that the photo, appearing on the card, was a very old photo, and therefore, the applicant was called from the Jail. I have seen him, and I believe he is about 65 years' old, and he has also weakened physique. He has undergone an abdominal operation also. Medical Certificate shows that both lungs had infiltration. The X-Ray Report discloses that he is suffering from T.B. of both lungs.
Regard being had to the nature of allegations against the applicant, as also his old age, physical infirmity, I admit him to bail in the sum of Rs.25,000 with P.R. and one surety in the like amount to the satisfaction of the trial Court.
The prisoner, who has been brought to Court, is remanded to sane custody under same escort.
M. A. K./Q-5/K Bail allowed.
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