Haji RAHIMULLAH vs THE STATE AND Another — 1970 SCMR 514

Citation: 1970 SCMR 514

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-02

Parties: Haji RAHIMULLAH vs THE STATE AND Another

Headnotes

Case cited as 1970 SCMR 514

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: Haji RAHIMULLAH vs THE STATE AND Another Case No.:Criminal Miscellaneous Application No. 32 of 1970 Petition for Special Leave to Appeal No. 14-P of 1970 Date of Judgment:1970-04-02 Reported As: 1970 SCMR 514 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-The petitioner is charged for the offences under sections 302, 307 read with section 149 and section 148, P. P. C. The Additional Sessions Judge, Mardan, allowed him bail on the grounds of infirmity and old age, but a learned Judge in the High Court found the petitioner, by physical appearance, quite fit and the disease of gastritis not sufficient to make him infirm within the purview of sec--tion 497 of the Code of Criminal Procedure. The bail was, accordingly, cancelled. The petitioner seeks leave to appeal on the ground that he was by reason of his- old age and illness entitled to bail. There is no substance in either ground as age by itself is not a ground for bail, nor is the petitioner sick or infirm person within the proviso to subsection (1) of section 497. The learned counsel for the petitioner drew our attention to the certificate issued by the Medical Officer, Central Prison, Peshawar, on the 25th March 1970, that the petitioner is suffering from "gastritis and lumbago" and is an indoor patient in the Jail Hospital since 14-3-1970. The petitioner is thus getting proper treatment for the diseases which…

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