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Citation Name: 2024 YLR 1213 PESHAWAR-HIGH-COURTBookmark this Case INSHAULLAH vs State S — 2024 YLR 1213 PESHAWAR-HIGH-COURT

Case information

Citation
2024 YLR 1213 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 1213 PESHAWAR-HIGH-COURTBookmark this Case INSHAULLAH vs State S
Subject matter
Criminal
Provisions referred to
S. 497; Penal Code (XLV of 1860); Criminal Procedure Code

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

Citation Name: 2024 YLR 1213 PESHAWAR-HIGH-COURTBookmark this Case INSHAULLAH VS State S. 497(1), First proviso---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of--- Non-bailable offence--- Medical grounds---Magnitude of sickness or infirmity---Petitioner/accused was earlier granted bail which was subsequently cancelled, whereafter he absconded ; he was later on arrested when he sustained injuries in an incident reported by him---Sessions Court declined bail to the petitioner/accused sought on medical ground---Validity---Record revealed that in said incident, the petitioner had sustained injuries on right arm and elbow---Standing Medical Board, having been constituted by the Court, had opined that as a result of firearm injury, sensations in the right hand fingers had diminished both on volar and dorsal surface of the hand and it was concluded that the petitioner required further treatment on higher level consultation---Petitioner being a young man of 31/32 years and injury was on his working hand and if he was not provided specialized treatment then there was likelihood of permanent damage to his right arm---Such treatment was not available in jail hospital---First proviso to S. 497(1) of the Criminal Procedure Code, 1898, deals with the grant of bail to a person who is under the age of 16 years or any woman or any sick or infirm person accused of non-bailable offence---Petitioner, under the magnitude/ quantification of sickness or infirmity, could not be declined bail on the sole ground that he was involved in a case which fell within the prohibitory clause of the S. 497 of the Criminal Procedure Code, 1898---Petitioner/ accused had made out his case for bail on medical grounds--- Bail was allowed, in circumstances.

Other judgments reported in 2024 YLR

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