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Criminal Miscellaneous No. 2308/B of 1986, decided on 20th October, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 148, 302, 307, 325 & 379/149‑ Bail, grant of‑‑Accused sick and infirm person, referred to Medical Board for examination‑‑Medical Board reporting accused to be suffering from right Inguinial Hernia, admitted to Surgical Ward for operation‑ Petitioner, being sick person within meaning of first proviso to S. 497(1), Cr.P.C., was granted bail in circumstances.
Sardar Asif Saeed Khan Khosa for Petitioner.
Ishfaq Bukhari for the State.
Mian Munawar Hussain for the Complainant.
Muhammad Aslam petitioner has moved this petition for bail in a case registered against him and others under sections 148, 302, 307, 325 and 379/149, P.P.C.
2. In the occurrence which took place on 2‑7‑1985 at 8‑30 a.m. four persons, namely, Ghulam Rasool, Sharif, Khan Muhammad and Rafiq were murdered. The allegation against the petitioner is that he alongwith other co‑accused namely, Ghulam Rasool, Nazar Muhammad. Latif, Rafiq, Paola and Nazar Muhammad son of Fateh Ali gave Sota blows to all the aforesaid four deceased persons when they had already fallen down after receiving injuries with fire‑arm, blunt and sharp‑edged weapons. Learned counsel for the petitioner contends that the petitioner is sick and infirm person and no specific injury to any of the deceased persons has been attributed to him, therefore, he is entitled to the concession of bail. The learned counsel for the complainant and the State have vehemently opposed the prayer for bail. They contend that in this case four persons were done to death and the petitioner is not a sick person within the meaning of first proviso to section 497(1) of the Cr.P.C., therefore, no ground for the grant of bail is made out.
3. On 24‑9‑1986, the learned counsel for the petitioner pointed out that the Medical Officer, District Jail Hospital, Sialkot, had reported that the petitioner is an elderly person of sixty years with weak physical constitution and health and he was admitted in Jail Hospital as a case of Right Inguinial Hernia since last one month and he needed surgery at Allama Iqbal Memorial Hospital, Sialkot. The learned counsel for the complainant controverted the correctness of the aforesaid report of the Medical Officer, District Jail, Sialkot. I, therefore, directed the Medical Superintendent. Allama Iqbal Memorial Hospital, Sialkot, to constitute a Board consisting of himself and at least one Specialist to examine the petitioner and submit a report about his present state of health. The petitioner was examined by a Board consisting of Medical Superintendent and Dr. Muhammad Aslam Khan, Surgical Specialist, Allama Iqbal Memorial Hospital, Sialkot. The report submitted by the Medical Superintendent is to the effect that Muhammad Aslam (petitioner herein) is suffering from Right Inguinial Hernia and he has been admitted in Surgical Ward, for "operation treatment/supervision of Surgeon". After going through this report, I am satisfied that the petitioner is a sick person within the meaning of first proviso to section 497(1) of the Cr.P.C., therefore, without going into the merits of the case, I admit him to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of A.C., Sialkot.
S.A./M‑96/L Bail granted.
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