2008 PLP 1121 (MLD)
FARMAN ALI — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 1121 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | FARMAN ALI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 1121 (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 2008 PLP 1121 (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: 2008 PLP 1121 (MLD) (FARMAN ALI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Noor Alam Khan for Petitioner.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Accused was suffering from hepatitis-B, his sickness was of such a nature which required very specialized management and treatment which was not at all available inside the jail and being a fatal disease, if same was not effectively managed and properly treated, could take a toll on his life
Offence for which accused was charged provided maximum punishment of 14 years and being a first offender, question whether the Trial Court would opt for awarding the maximum or the lesser sentence also made it a border line case
Case for grant of bail having been made out mainly on the ground of sickness, accused was admitted to bail.
Judgment & Decree
DOST MUHAMMAD KHAN, J.
Petitioner Farman Ali was booked for crime under section 9(c) C.N.S. Act by Police Station ANF, Peshawar, vide case F.I.R. No. 18, dated 27-3-2007 because he was apprehended at Peshawar Airport for making departure to a foreign country and from his luggage, heroin weighing 1500 grams was recovered. Arguments heard and record perused.
2. Irrespective of the merits of the case, discussion on which at this stage is otherwise not advisable because trial has commenced, suffice to state that the petitioner is undeniably suffering from Hepatitis-B as is evident from the opinion of the Standing Medical Board consisting of physicians of high repute thus, his. sickness is of such a nature which requires very specialized management and treatment which is not at all available inside the Jail and being a fatal disease if is not effectively managed and properly treated may take a tool on his life and the offence for which he is charged provides maximum punishment of 14 years and being a first offender whether the trial Court would not forwarding the maximum or the lesser sentence also make it a border line case, therefore, case for grant of bail is made out but mainly on the ground of sickness. For the aforementioned reasons, this petition is allowed and the petitioner is granted bail if he furnishes bail bonds in the sum of Rs.2,00,000 (Rupees two lacs) with two reliable sureties each in the like amount to the satisfaction of the trial Court/Duty Magistrate. It is further directed that if his passport has not been already taken into possession then he shall deposit the same with the trial Court pending disposal of the case or in the alternative the prosecution may request the Interior Ministry to put his name on E.C.L. H.B.T./47/P???????????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.