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Initializing Secure Chambers
1994 P Cr
1994 P Cr. L J 945
[Lahore]
Before Ch. Fazal Karim, J
MURAD---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.331/13 of 1993, decided on.24th April, 1993.
Criminal Procedure Code (V of 1898)---
----S. 497(1), first proviso---Penal Code (XLV of 1860), Ss.302/324/447/148/ 149/337-A & 337-F(ii)---Bail, grant of---Accused according to medical reports was suffering from Bilateral Ingunial Hernia and Prostatism and had already been operated for one disease---According to the Surgeon an emergency operation for the second disease could be needed at any time---Accused, therefore, was undoubtedly a sick person and he was allowed bail in circumstances.
Akhtar Ali Qureshe for Petitioner.
Dr. Yousaf Awan for the State.
ORDER
This is third time that the petitioner has come for bail. Earlier his two bail applications were dismissed on their merits. Now he seeks bail on the ground that he is sick and is lying admitted in the District Headquarter Hospital. There is on the file a report of the Surgeon, District Headquarter Hospital, Muzaffargarh as also a report of the Medical Officer, District Jail Hospital, Muzaffargarh. According to those reports the petitioner is sick; he is suffering from Bilateral Ingunial Hernia and Prostatism. He has already been operated for one; according to the Surgeon an emergency operation for the second may be needed at any time. There is, therefore, no doubt that the petitioner is sick. I, therefore, allow him to be released on bail on his A furnishing bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the trial Court.
N.H.Q./M-1396/L Bail allowed.