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Petitioner: ASHIQ HUSSAIN SHAH VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Rashid Aziz Khan Title: ASHIQ HUSSAIN SHAH vs THE STATE Case No.: Criminal Miscellaneous No. 4366/B of 1988 Date of Judgment:1989-02-15 Reported As: 1989 MLD 717 Result: Bail allowed
Judgment ORDER Petitioner Ashiq Hussain Shah seeks bail in a case registered against him under section 302/148/149, P.P.C. With Police Station Lala Musa, vide F.I.R. Dated 9-8-1988. The main ground on which the bail is being sought is old age and infirmity. In pursuance of this Court's order the petitioner was examined by a Board consisting of Heart Specialists who have-given their opinion that the age of the petitioner is between 60/65 years. There is no vision in the right eye and the left .Eye is having poor vision. As far as the condition of his heart is concerned, the opinion is that the patient is having Ischaemic Heart disease (Old Myocardial Infarction and Angina pectosis)'. A perusal of the report of the Specialist clearly indicates that the petitioner is old and infirm. He is suffering from heart ailment. In these circumstances I hold that it would not be possible to treat- the petitioner in jail as it requires specialised treatment. Therefore, I allow bail to the petitioner provided he furnishes security in the sum of Rs.25,000 with two sureties, each in the like amount, to the satisfaction of Assistant Commissioner/Duty Magistrate, concerned.