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1982 SCMR 975

SADIQ ALI SHAH vs SARDAR KHALID UMAR AND Other

Citation1982 SCMR 975
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 57 of 1982 Criminal Miscellaneous No. 324/11
Date1982-03-15
Judge(s)Aslam Riaz Hussain, M. S. H. Qureshi, Shafi-ur-Rehman
ResultPetition rejected

ORDER

M. S. H. QURESHI, J.-The petitioner is aggrieved by the order of theHigh Court dated 9-2-1982 allowing bail to respondent Sardar Khalid Umar in a case under section 302/307/109, P. P. C. No part in the occurrence was attributed to the respondent but it was alleged that the murder had been committed at the instance of the said respondent and some others.

2. The main consideration, however, for the grant of bail was medical, the respondent being a heart patient. There is enough material, as discussed in the order of the High Court, to show that the respondent had been suffering from such ailment for some time. There is even a certificate from an Assistant Professor of Cardiology, King Edward Medical College, Lahore, to the effect that "this detention will severely affect his health particularly when he is already aged 55 years". 1n the circumstance, the grant of bail was well within the discretion of the High Court. There is no violation of any principle of law governing the grant of bail such as would justify an interference by this Court. The petition for grant of leave to appeal is, therefore, rejected.

Cited by 2 cases

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