1998 PLP 999 (MLD)

2. Learned counsel for the petitioner as well as the State present and heard.

3. The application of the complainant's counsel for the adjournment of the case has been turned down and placed on file.

4. Admittedly, the petitioner is directly charged for having committed an offence punishable under section 302/34, P.P.C. vide F.I.R. No. 298, lodged in Police Station, Shinkiari on 15-6-1996. After his arrest he applied for bail to the lower Courts but they refused to release him on bail on merits. Accordingly, he submitted an application to the lower Court on medical grounds. His prayer was turned down vide: Magistrate's order dated 18-8-1996. The petitioner then approached the Sessions Judge for the redress of his grievance and there too he failed to get his grievance redressed hence this petition.

5. The photo copy-,"of the petitioner's National Identity Card No. 123-15-226850 shows that he is an old man of 82 years of age. Beside this the medical certificates, the one issued by the Medical Board on 28-11-1996 and the second by the Medical Officer, 'Central Prison Hospital, Haripur on' 29-11-1997, would show that the petitioner, an old man, is sick person and is suffering from a serious disease known as "Parkinson". In the circumstances, I am of the view that the Sessions Judge, while deciding his bail petition, has not applied his judicial mind inasmuch as he has not taken into consideration the reports of the medical officers. Similarly, he has failed to notice that the petitioner is an old man of 82 years of age. Old age, as we all know, by itself brings infirmity and senility with it, therefore, in my opinion, old age of the petitioner, the ailment from which he is suffering from, are sufficient grounds to extend him the concession of bail on these grounds. In holding so I am supported by the following cases:-- (1)1973 P Cr. L J 397 (Lahore) Sakhi Muhammad v. The State. Criminal Procedure Code (V of 1898), S. 498--Bail--Murder case-?Accused an old man of 68-70 years although not suffering from any ailment yet old age by itself brings infirmity and senility--No reasonable ground existing to believe accused being guilty of an offence punishable with death or transportation for life--Bail already granted confirmed. (2)1996 S C M R 861 Supreme Court (Full Bench) (i) Arshad Mehmood v. Sarfraz. (ii) Muhammad Feroze v. The State. Section 497/498 Accused who is old man of about 75 years with poor physique and general hygienic condition etc., would be entitled to bail.

6. This bail petition is accepted. The petitioner shall be released forthwith, if not required in any other case, provided he deposits Rs. 30,000 as bail money in this Court. H.B.T./13/P???????????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.