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Criminal Miscellaneous No. 1485/13 of 1982, decided on 14th December, 1982.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 11 & 16--Penal Code (XLV of 1860) Ss. 366, 368 & 148/149--Bail--After disposal of earlier bail application of accused, fresh ground (illness of accused) for bail arising in due course of events--Medical certificate issued by Jail Doctor showing accused to be sick and infirm person--Prosecution side after having verified fact of sickness of accused from jail authorities not opposing bail petition---Accused being a sick and infirm person, allowed bail in circumstances.
Sardar Mehboob for Petitioner.
Zulfiqar Ishaq Lodhi for the State.
Ch. Rashid Ahmad for the Complainant.
This is an application for bail on behalf of Ghulam Farid petitioner in a case under section 10/11/16 of the offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 366/368/ 148/149, P.P.C., registered at P.S. Daira Din Panah, vide F.I.R. No. 43, dated 26-3-1981.
2. The prosecution case is that the petitioner with others abducted Mst. Rashidan on 25-3-1981 from a field. She was taken to different places where Ghulam Farid committed Zina-bil-Jabr upon her.
3. The learned counsel for the petitioner submits that after the disposal of the earlier application filed by the petitioner, a fresh ground i.e. illness of the petitioner has arisen in due course of events which may entitle the petitioner to the concession of bail. The learned counsel explains that the petitioner is a sick and infirm person within the meanings of section 497, Cr.P.C. To substantiate the same, he has relied upon the medical certificate issued by the Medical Officer, District Jail, Hospital, Muzaffargarh. which reads as follows: --
"I examined Ghulam Farid son bf Ghulam Haider under trial prisoner. He complains of Haemetemesis (B1: in vomitus) and Malira (131: in lacs) and palpitation of heart and pain in the Lt. mamary area.
On examination epigestrium is tender and pulse is 120/minutes. On the attack bf pain, patient becomes unconscious. In my opinion, the patient is suffering from Angina Pectoris and
peptic ulser. .The patient may be in stress-free atmosphere as these diseases may aggravate in stress and strain condition."
The learned counsel for the state assisted by the learned counsel for the complainant after having verified the fact of the sickness of the petitioner from jail authorities do not oppose this B application and rightly so. The petitioner being a sick and infirm person is released on bail on his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A . C . /Duty Magistrate, Muzaffargarh.
H . A . K . Bail granted.
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