MUHAMMAD HUSSAIN vs AMJID HUSSAIN S — 2021 MLD 907 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 907 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: MUHAMMAD HUSSAIN vs AMJID HUSSAIN S
Subject matter: Criminal
Provisions referred to: S. 497---P; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD HUSSAIN VS AMJID HUSSAIN S.497---Penal Code (XLV of 1860), Ss.302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd and common intention---Bail, grant of---Medical grounds---Scope---Accused, who sought bail on medical grounds along with another, was alleged to have committed murder and attempted at the life of others while being in the house of complainant---Standing Medical Board constituted by the Court reported that the accused was 75 years old; that he was suffering from multiple diseases of severe nature and that his treatment inside the jail might not be possible---Correct criteria for grant of bail to an accused in a non-bailable case on medical grounds was that the sickness or ailment with which the accused was suffering was such that it could not be properly treated within the jail premises and that some specialized treatment was needed and his continued detention in jail was likely to affect his capacity or was hazardous to his life---Petition for grant of bail was allowed on the sole medical ground.

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