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K.L.R 1989 Shariat Cases 8

SIRAJ DIN vs THE STATE

CitationK.L.R 1989 Shariat Cases 8
CourtLahore High Court
Case No.Crl.Misc. No.2928/B of 1988,
Date1989-01-09
Judge(s)Rashid Aziz Khan
ResultN/A

ORDER

RASHID AZIZ KHAN, J.-A case under sections 307/326/ 364/148/149 PPC read with sections 14/7/79 and 11/7/79 (Islamic Law) stands registered against the petitioner and 14 others with Police Station Mustafabad, District Kasur. The allegations as contained in the FIR lodged by Muhammad Din are that his son Mukhtar Ahmad had abducted one Mst.Sughran Bibi daughter of Irshad and thereafter married her. For the last 4/5 years the said Mukhtar Ahmad had come back to the village along with his wife and children and started living there. The said Irshad, his sons and other relatives were annoyed with Mukhtar Ahmad for having abducted Mst.Sughran Bibi therefore they wanted to take revenge. On 23-1-1988, at about 730 P.M., the first informant along with his sons Mukhtar Ahmad, Muhammad Sale and daughter-in-law Mst3ughran Bibi along with another were sitting in their house. AD the accused armed with different weapons except for Sharaf Din petitioner who was empty handed came to the house of the first informant. On seeing the assailants Mukhtar Ahmad tried to run away but was caught by Sharaf Din and DU Muhammad, Thereafter, Muhammad Din and Nawab Din petitioner gave sota blows on the person of Mukhtar Ahmed whereupon he fell down. The assaUants caught hold of MsLSughran Bibi and her daughter and thereafter started fiijng with their fire-arms threatening that anybody who came near them would be done to death.

Irshad co-accused of the petitioner is alleged to have asked the other assaUants that Mukhtar Ahmed should be made Mind. Irshad and Siraj with their dagger and knife respectively injured the eyes of Mukhtar Ahmed and then left the scene of occurrence along with Mst.Sughran Bibi and her daughter.

2. The baU is being sought only on the ground of old age and ilIness. The report from Medical Superintendent, District Headquarters Hospital, Kasur, was obtained with regard to the age and ilIness of the petitioner. The said repoet was received and perused according to which the petitioner was about 60 years of age and was suffering from Chronic Heart Disease. Thereafter a direction was given that a Board be constituted for the examination of the petitioner. Hie said Board was accordingly constituted which examined the petitioner and gave the opinion that he was suffering from hypertension and hypertensive heart disease. Both the reports are unanimous that the petitioner is suffering from heart disease and need hospitalization for proper treatment.

Since the petitioner is suffering from heart disease and the same cannot be adequately treated in hospital. Relying upon Haji Mir Aftab V. The State (1979 S.C.M.R. 320), I allow bail to the petitioner in the sum of Rs.30,000/- with two sureties each, in the like amount, to the satisfaction of Assistant Commissioner /Duty Magistrate, Kasur.

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