2012 PLP 1161 (MLD)
NAZEER KHAN — Petitioner Versus THE STATE and another — Respondents
| Citation | 2012 PLP 1161 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | NAZEER KHAN — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 1161 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 1161 (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: 2012 PLP 1161 (MLD) (NAZEER KHAN — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahoorul Haq for Petitioner.
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), S. 302/324/34
Qatl-e-amd, attempt to commit qatl-e-amd, common intention
Application for suspension of sentence on medical grounds
Contention of the accused was that he was suffering from ailment of a fatal nature, the treatment whereof was not possible in the jail
Report of Medical Board revealed that accused was suffering from hemiplegia and exaggerated reflexes and needed proper management and regular physiotherapy
Said report did not mention the fact that the accused could not be treated in the jail hospital
Accused was undergoing imprisonment for life and his disease was not of the nature which called for his release on bail or suspension of his sentence
Application for suspension of sentence was dismissed, in circumstances.
Judgment & Decree
ATTAULLAH KHAN, J.
This application under section 426, Cr.P.C. has been moved by petitioner Nazeer Khan for his release on bail by suspending the sentence of imprisonment for life awarded to him on 15th March, 2011 by the learned Additional Sessions Judge-I, Kohat, solely on medical ground.
2. The learned counsel appearing on behalf of the petitioner while referring to the report of the medical board contended that petitioner is suffering from ailment of fatal nature, the treatment whereof is not possible in the Jail and as such it is in the interest of justice to enlarge him bail so that his treatment could be made in the Hospital outside the Jail.
3. While on the other hand, the learned counsel for the State assisted by the learned counsel for the complainant opposed the grant of bail and requested for earlier fixation of the main appeal.
4. We have gone through the record of the case carefully and have also considered the submissions made by the learned counsel for the parties.
5. On 5-5-2011, this court directed the Director General, Health Services to get the petitioner examined through a Standing Medical Board in order to know about actual nature of his disease. The Standing Medical Board opined as under:-- "The Standing Medical Board is of the opinion that he is suffering from right side hemiplegia, exaggerated reflexes. Needs proper management and regular physiotherapy". The perusal of the above quoted caption of the report clearly reveals that it is nowhere mentioned that the petitioner cannot be treated in the Jail Hospital. Petitioner is admittedly undergoing imprisonment for life and his disease is not of the nature calling for his release on bail or suspension of his sentence. The application being without any substance stands dismissed. M.W.A./151/P Application dismissed.