P L D 2009 Supreme Court 707 (PLP)
ZAR MUHAMMAD — Petitioner Versus Mian JAFAR SHAH and another — Respondents
| Citation | P L D 2009 Supreme Court 707 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | ZAR MUHAMMAD — Petitioner Versus Mian JAFAR SHAH and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in P L D 2009 Supreme Court 707 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2009 Supreme Court 707 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2009 Supreme Court 707 (PLP) (ZAR MUHAMMAD — Petitioner Versus Mian JAFAR SHAH and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Zahoor Qureshi, Advocate-on-Record for Petitioner.
- Mian Mohibullh Kakakhel, Senior Advocate Supreme Court for Respondent No.1 (appeared after Court hours).
- 3. Mr. M. Zahoor Qureshi, Advocate-on-Record for the petitioner, in support of the petition contended that overwhelming evidence was available on record to prove complicity of the respondent in the commission of crime and that respondent is suffering from common disease which can conveniently be treated in jail hospital and does not appear to be life threatening. To substantiate the contentions, reliance was placed on Muhammad Arshad v. The State and another 1997 SCMR 1275 and Raza Mohsin Qazilbash v Muhammad Usman Malik and others 1999 SCMR 1794
Headnotes / Summary
S5. 497(5)
Penal Code (XLV of 1860), Ss.302/324/34
Constitution of Pakistan (1973), Art.185(3)
Cancellation of bail, refusal of
Medical board consisting of four eminent Doctors constituted under the order of High Court, had examined the accused and found him suffering from serious heart disease, which needed management
High Court had allowed bail to accused on valid and sound reasons after having considered the matter .from all angles and the medical report
Gravity of the sickness of accused had constituted legitimate basis for his entitlement to bail under the proviso to S.497, Cr.P.C.
Bail granting order did not suffer from any infirmity, legal or factual
Leave to appeal was refused to complainant by Supreme Court in Circumstances.
Judgment & Decree
IJAZ-UL-HASSAN KHAN, J.
Through instant petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, Zar Muhammad, petitioner, seeks leave to appeal from a judgment of the Peshawar High Court, Peshawar dated 15-2-2008, granting bail to Mian Jafar Shah, respondent No. 1, in case F.I.R. No.620 dated 9-9-2007 registered under sections 302/324/34, P.P.C. at Police Station Nowshera Kalan.
2. Facts of the case have been incorporated in detail in the impugned judgment as well as in the memo of petition and need not be reiterated. Suffice is to state that the respondent along with other co-accused was charged for having on 9-9-2007 at 7-30 hours committed murder of Parvez Khan (deceased) and attempted murder of petitioner. The respondent moved an application before learned Judicial Magistrate; Nowshera to secure his release on bail and on its refusal vide order dated 28-9-2007, approached learned Additional Sessions Judge, Nowshera for similar relief but his request was turned down vide order dated 23-10-2007. Feeling aggrieved, respondent, preferred Criminal Misc. before .learned High Court, which has been allowed on `medical ground' granting bail to respondent through the judgment impugned herein.
3. Mr. M. Zahoor Qureshi, Advocate-on-Record for the petitioner, in support of the petition contended that overwhelming evidence was available on record to prove complicity of the respondent in the commission of crime and that respondent is suffering from common disease which can conveniently be treated in jail hospital and does not appear to be life threatening. To substantiate the contentions, reliance was placed on Muhammad Arshad v. The State and another 1997 SCMR 1275 and Raza Mohsin Qazilbash v Muhammad Usman Malik and others 1999 SCMR 1794
4. A Medical Board was constituted under the order of learned High Court to ascertain as to whether or not the respondent was suffering from serious heart disease needing proper treatment not available in the jail hospital. The Board consisting of four eminent doctors, submitted the report which reads;-- "Result received according to which he is known cardiology case with HCV+ve and will need management."
5. Having considered the matter from all angles, and the medical report, we find that learned High Court has reached the conclusion with valid and sound reasonings which are not open to legitimate exception. The gravity of respondent's sickness constitutes legitimate basis for his entitlement to bail under the proviso to section 497, Cr.P.C. Learned counsel for the petitioner, despite his best efforts, could not point out any infirmity, legal or factual, in the impugned judgment justify interference by this Court. Haji Mir Aftab v. The State 1979 SCMR 320; Abdul Aziz v. Bashir Ahmed and the State PLD 1966 SC 658 and Muhammad Bashir v. The State 1991 PCr.LJ 2422.
6. In the circumstances, we find no merit in this petition, which is dismissed and leave refused. H.B.T./Z-7/S Leave refused.