1999 PLP 1266 (MLD)
MUHAMMAD ZAMAN — Applicant Versus GHULAM HAIDER KHAN and another — Respondents
| Citation | 1999 PLP 1266 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | MUHAMMAD ZAMAN — Applicant Versus GHULAM HAIDER KHAN and another — Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 1266 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1266 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1266 (MLD) (MUHAMMAD ZAMAN — Applicant Versus GHULAM HAIDER KHAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S. 497(5)
Penal Code (XLV of 1860), S.302/34
Bail, cancellation of-- Accused was admitted to bail on grounds of old age and sickness
Medical certificate on basis of which accused was granted bail was totally silent as to whether the alleged ailment of accused required special treatment which was not possible in jail
Accused was not suffering from incurable disease and he could be properly treated in jail and gravity of sickness was also not much which could entitle him to the concession of bail
Accused on general appearance was not of a weak built
Mere the ground that accused was stated to be of 68 years of age, would not entitle him to the concession of bail
Bail granted to accused by Court below was cancelled, in circumstances.
Judgment & Decree
SHAH JEHAN KHAN, J.
Muhammad Zaman son of Ali Khan, father of Abdul Hamid complainant in case F.I.R. No.400, dated 10-11-1991 registered at Police Station Naurang, District Lakki Marwat, under section 302/34, P.P.C., has filed the instant application for cancellation of the bail allowed to Ghulam Haider Khan accused/respondent No.l herein by the learned Special Judge, Lakki Marwat per his order dated 15-1-1997 impugned herein.
2. The accused-respondent has been admitted to bail on ground of old age and sickness. Relevant portion of the medical certificate on the basis of which the leaned Judge below granted bail to the accused-respondent indicates as under:- "Found that he is about (68) years old from external appearance. He is of weak built and severely anaemic. He is also an old case of Asthemic Bronchitis. " The medical certificate is totally silent as to whether the said ailment requires treatment which is not possible in jail.
3. The accused-respondent was arrested on 18-12-1996 and was examined by the Medical Officer, District Headquarter Hospital, Lakki on 21-12-1996 and as per his endorsement on the order pertaining to police custody opined that accused-respondent is medically fit while the above. said certificate dated 23-12-1996 speaks altogether otherwise.
4. The accused-respondent is not suffering from uncurable disease and he' could he properly treated in jail and gravity of sickness is also not such, which could entitle him to the concession of bail.
5. The accused-respondent on general appearance is not of a weak built. Mere on the ground that accused-respondent is stated to be of 68 years of age does not entitle him to the concession of bail. Consequently, this application is accepted and the bail granted to the accused-respondent namely Ghulam Haider son of Muhammad Ayaz Khan by the Court below per his impugned order is recalled. He is present in Court, taken into custody and sent to jail as an under trial prisoner. Record of the case be sent back forthwith to the Court concerned. H.B.T./59/P/ Application accepted.