2008 PLP 651 (MLD)
SHER ZAMAN — Applicant Versus THE STATE — Respondent
| Citation | 2008 PLP 651 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | SHER ZAMAN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 651 (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 651 (MLD)?
The case was heard and decided by the Karachi 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 651 (MLD) (SHER ZAMAN — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.497
Accused had sought bail on the ground of his ailment and in support of his bail plea, counsel for accused had referred to a certified copy of report of Medical Officer, Central Prison Hospital
Nothing was available on record to show that remaining of accused in the jail was hazardous to his life
Held; Counsel for accused having expressed that damage could occur to accused in case he would remain in the jail, let accused be first re-examined by the Medical Officer, Central Prison Hospital; in case contentions of counsel for accused were found to be correct, accused should be produced before some Medical Expert on advice of Medical Officer of the Central Prison Hospital in heavy escort for his medical examination and report
Accused shall be at liberty to apply to the Trial Court where his bail plea will be considered on its own merits after the medical expert furnishes his report.
Judgment & Decree
GHULAM RABBANI, ACTG. C.J.
On behalf of applicant, bail has been sought, inter alia, on the ground of his ailment. In support of bail plea, Mr. Chaner, learned counsel for the applicant has referred to a certified copy of report, dated 22-10-2005 of Medical Officer, Central Prison Hospital, Karachi. His contention is that applicant has only one kidney, with constant pairs and bringing resulting in the numbness over both this legs and that in case applicant is not released, there is apprehension that he may suffer irreparably in his life. On the other hand, Mr. Farrukh Zia Shaikh learned Social Prosecutor, A.N.F. has vehemently opposed this bail application. He has proposed that in case there is apprehension as disclosed by Mr. Chaner the applicant can be re-examined in the jail premises by any doctor of his choice.
2. There is nothing available on the record that the remaining of the applicant in jail is hazardous to his life. Only a report, dated 22-10-2005 has been produced in support of bail plea of the application. Since learned counsel has expressed that damage may occur to the applicant in case, he remains in the jail let 'the applicant be first re-examined by the Medical Officer, Central Prison Hospital, Karachi and in case the contentions of Mr. Chaner are found to be correct the applicant be produced before some medical expert on advice of Medical Officer Central Prison Hospital, Karachi in heavy escort for his medical examination and report. This bail application however, stands disposed of along with the listed application at this stage with the above observation. Applicant shall be at liberty to apply to the learned Trial Court where his bail plea will be considered on its own merits after the medical expert furnishes his report. H.B.T./S-118/K Application dismissed.