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1986 PCRLJ 2593

SALEHOON vs THE STATE-

Petitioner: SALEHOON VS Respondent: THE STATE-

Court: Lahore High Court Decision Date: 1986-04-06

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Muhammad Rafique Tarar Title: SALEHOON vs THE STATE- Case No.: Criminal Miscellaneous No 2 of 1986 Criminal Appeal No 237 of 1985 Date of Judgment:1986-04-06 Reported As: 1986 P Cr. L J 2593 Result: Petition dismissed

Judgment ORDER This is a petition for suspension of sentence on behalf of Salehon convict who has been convicted under section 302/34, P.P.C. And sentenced to imprisonment for life and a fine of Rs.5,000. Bail is sought on the ground that he is infirm and would not be able to stand with the rigorous of imprisonment pending final disposal of his appeal. The Medical Officer Central Jail, Faisalabad, was directed to examine him and submit a report as to his age and present state of his health. Vide report No. 30 dated 9-1-1986, the Medical Officer reported that Salehon convict is an old man aged about 70 years, he has Cataract both eyes and suffering from enlarged Prostate and his general health is weak. During the pendency of this petition another convict namely, Daulat also moved an application for the Suspension of sentence on health ground. The Medical Officer Central Jail, Faisalabad was directed to examine him and submit a report. The name of Daulat petitioner was not mentioned in the letter sent to the Medical Officer by the D. R. (Jud1.). However, title of the case "Salehon, etc v. The State" was mentioned therein. It appears that the jail authorities thought that Salehon was go be examined and he was produced before the Medical Officer, Central Jail, Faisalabad, who again examined him and has submitted a report to the effect that he is about 70 years but "state of his Health is satisfactory". This report is, dated 22-3-1986. It is very strange that a person who was suffering from Cataract and enlarged prostate only 1/2 months back recovered from both the diseases and presently his health is satisfactory. It appears that the first report was manoeuvred in collusion with. Medical Officer. This petition (Cr. M. 2/86) is, therefore, dismissed A copy of this order be sent to the secretary, health Department, Government of Punjab, Lahore, for appropriate orders.

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