BASHIR ALI vs THE STATE-Opponent — 1971 PCRLJ 997

Citation: 1971 PCRLJ 997

Court: Sindh High Court

Year: 1971

Decision Date: 1971-02-03

Parties: BASHIR ALI vs THE STATE-Opponent

Headnotes

Case cited as 1971 PCRLJ 997

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title: BASHIR ALI vs THE STATE-Opponent Case No.: Criminal bail Application No. 52 of 1971 Date of Judgment:1971-02-03 Reported As: 1971 P Cr. L J 997 Result: Application allowed Judgment ORDER The applicant, who is a Homeopath, had given an injection to one Abdul Hamid, who was presumably his patient. As the condition of the patient deteriorated, he gave another injection, but the patient died. Therefore a case was registered against the applicant under section 304, P. P. C. In this background the applicant had applied for bail and by his order dated 20-11-1970 the Sessions Judge, Karachi granted him interim bail, and observed "Await result of post-mortem and result of chemical analysis." However, when the application was heard, by his order of 21-1-1971 he rejected the bail application. Although the interim order had very rightly contained the observation that the cause of death could not be ascertained without the post-mortem and the chemical analysis, this order of 21-1-1971 is silent about the post--mortem and it expressly states that the chemical analysis would take the. However, in going back on the view taken by him in his interim order, the learned Sessions Judge appears to have been influenced by the fact that the prosecution of the applicant could not- be said "to be the result of malice or ill-will". 2. Mr. Shaikh submitted that the order of the learned Sessions Judge was perverse because even the F. I. R.…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.