referred to the case of Abdul Aziz v. Bashir Ahmad — 1966 PLD 638

Citation: 1966 PLD 638

Court: Lahore High Court

Year: 1969

Decision Date: 1969-10-20

Parties: DR. ABDUS SALAM AND 2 Others vs THE STATE

Headnotes

where the fact that a person had remained under treatment for a month and half, was considered sufficient by the Supreme Court for grant of bail. This judgment serves a guideline for the Courts in the country as to what factors should be taken into consideration for grant of bail for reasons of infirmity but I may say that A each case is to be determined on its own facts, as was observed by their Lordships of the Supreme Court in Abdul Malik v, State (PLD 1968 SC 349).

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: DR. ABDUS SALAM AND 2 Others vs THE STATE Case No.: Criminal Miscellaneous No. 5846 of 1969 Date of Judgment:1969-10-20 Reported As: 1970 P Cr. L J 1306 Result: Order accordingly Judgment ORDER This is an application filed on behalf of Dr. Abdus Salam and his two sons Sayyed Hassan Shah and Nadir Hussain. They are accused of offences under sections 302 and 307 read with section 34 of the Pakistan Penal Code, for having caused the death of one Abdus Salam and making a murderous assault on Muhammad Ibrahim. 2. The occurrence took place on 10th of July 1969, in the jurisdiction of Police Station Qila Gujjar Singh, Lahore. 3. Mr. M. B. Zaman, the learned counsel for the petitioners has urged the following grounds for grant of bail: - (i) That Abdus Salam is an old man of 66 years of age and is suffering from kidney and heart trouble; (ii) that the prosecution have not come out with the whole truth. There are nine blunt weapon injuries on the person of Abdus Salam but there is no mention of these injuries in the first information report. The learned counsel submits that some of the injuries are suggestive of the fact that they were inflicted with dangs; (iii) that the two other accused, namely, Syed Hassan Shah and Nadir Hussain have not, even according to the F. 1. R., inflicted any injury although it is alleged that they were armed with iron saryas. 4. By my order dated 1st of October 1969, I called for a report…

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