1989 P Cr (PLP)

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307/326‑‑Bail sought only on ground 'of old age and illness‑‑Medical Board constituted to examine health of accused gave its opinion that he was suffering from heart disease and needed hospitalisation for proper treatment‑‑Bail granted in circumstances. Haji Mir Aftab v. The State 1979 S C M R 320 rel. Sardar Muhammad Latif Khan Khosa and Ch. Muhammad Iqbal for Petitioner. Hanif Zahid for the State. Date of hearing: 9th January, 1988. A case under section 307/326/364/148/149, P.P.C.. read with sections 14/7/79 and 11/7/79 (Islamic Law) stands registered against the petitioner and 14 others with Police Station Mustafabad, District Kasur. The allegations as contained in the F.I.R. lodged by Muhammad Din are that his son Mukhtar Ahmad had abducted one Mst. Sughran Bibi daughter of Irahad and thereafter married her. For the last 4/5 years the said Mukhtak Ahmad had come back to the village alongwith his wife and children and started living there. The said Irshad, his sons and other relatives were annoyed with Mukhtar Ahmad for having abducted Mst. Sughran Bibi therefore, they wanted to take revenge. On 23‑1‑1988, at about 7‑30 p.m. the first informant alongwith his sons Mukhtar Ahmad, Muhammad Saleem and daughter‑in‑law Mst. Sughra Bibi alongwith another were sitting in their house. All the accused armed with different weapons except Sharaf Din petitioner who was empty‑handed came to the house of the first informant. On seeing the assailants Mukhtar Ahmad tried to run away but was caught by Sharaf Din and Dil Muhammad. Thereafter, Muhammad Din and Nawab Din petitioner gave Sota blows on the person of Mukhtar Ahmed whereupon he fell down. The assailants caught hold of Mst. Sughran Bibi and her daughter and thereafter started firing with their fire‑arms threatening that anybody who came near them would be done to death. Irshad co‑accused of the petitioner is alleged to have asked the other assailants that Mukhtar Ahmed should be made blind. Irshad and Siraj with their dagger and knife respectively injured the eyes of Mukhtar Ahmed and then left the scene of occurrence alongwith Mst. Sughran Bibi and her daughter.

2. The bail is being sought only on the ground of old age and illness. The report from Medical Superintendent, District Headquarters Hospital, Kasur, was obtained with regard to the age and illness of the petitioner. The said report was received and perused according to which the petitioner was about 60 years of age and was suffering from Chronic Heart Disease. Thereafter a direction was given that a Board be constituted for the examination of the petitioner. The said Board was accordingly constituted which examined the petitioner and gave the opinion that he was suffering from hypertension and hypertensive heart disease. Both the reports are unanimous that the petitioner is suffering from heart disease and needs hospitalization for proper treatment. Since the petitioner is suffering from heart disease and the same cannot be adequately treated in hospital. Relying upon Haji Mir Aftab v. The State 1979 S C M R 320,1 allow bail to the petitioner in the sum of Rs.30,000 with two sureties each, in the like amount, to the satisfaction of Assistant Commissioner/Duty Magistrate, Kasur. M.Y.H./S‑473/L Bail granted.