1. ' This is an application for cancellation of to respondent No,1, Hazar Khan alias Hazaroo granted by the learned First Additional Sessions Judge, Kandhkot vide his order, dated 10-9-1988 in the case for offence under section 302/34, P.P.C. On the ground that respondent Hazaroo is an old man of 70 years of age. This bail was not granted on merits but on the ground of exception contemplated in the first proviso to section 497(1), Cr.P. C. According to the first proviso mentioned above, the Court is empowered to direct release of any person on bail, who is under the age of sixteen years or is woman or is sick or infirm person. It is obvious that this proviso does not contemplate grant of bail to a person on the ground of old age only. It is held by the Supreme Court of Pakistan in the case of Hakim Ali and 3 others v. The State 1979 SCM R 114 that concession of bail would not be attracted, ,because it is not shown that petitioners are sick or infirm in spite of the fact that they are 70 and 30 years of age. In the reported case two petitioners had applied for bail and claimed to be 80 and 70 years old respectively and in support of assertion they had produced entry from birth register. It was observed by the Supreme Court that bail cannot be granted because it has not been shown that the petitioners are sick or infirm. In the instant case, bail is granted on the basis of medical certificate, dated 25-8-1988 issued by the Medical Officer, Civil Hospital, Jacobabad, certified copy of which is on record. According to this certificate, doctor has certified age of respondent Hazar Khan to be 70 years on the basis of physical examination. Be that as it may, bail cannot be granted only on the ground of old age unless the old age is accompanied by sickness or infirmity.
2. ' In the circumstances for the facts and reasons stated above, bail of respondent No,1 Hazar Khan is hereby cancelled. He may be committed to judicial custody.