1999 PLP 2246 (MLD)

Mr. Abdul Razzak Soomro, learned counsel for the complainant, was called absent. Notice for today's hearing was sent to him on 21-3-1998 but he did not appear. This matter was called twice. It was kept aside in the morning and was taken up after 11-00 a.m. This is an application under section 426, Cr.P.C. for suspension of sentence, awarded to appellant/accused Abdul Rehman son of Muhammad Hasan Chandio and for his release on bail. Mr. A.Q. Halepota, learned counsel for the appellants has contended that appellant/accused Abdul Rehman is a sick person. He is suffering from diabetes mellitus. H6 is also suffering from piles. He has further contended that appellant/accused is an old man of 70 years age and being sick and infirm person his physical condition is such that his health is deteriorating day-by-day and his further detention in prison will adversely affect his health and ultimately his life; that the serious ailment of appellant/accused has been confirmed by the medical authorities, therefore, he may be released on bail. Mr. Habibur Rasheed, learned counsel appearing on behalf of State has contended that looking towards the medical certificates of the appellant/accused he has no objection to the suspension of sentence and grant of bail to him. The contention of the learned counsel for the appellant/accused Abdul Rehman has force and learned State Counsel has rightly conceded in this case. The appellant/accused on the application of his counsel was referred to Medical Superintendent, Civil Hospital, Sukkur, for treatment and certificate. The medical report of Dr. Ali Jan Chaudhri, Consultant Physicain, Civil Hospital, Sukkur, reveals that he is suffering from diabetes mellitus and medical report of Dr. Hafiz Sabir Ali, Additional Medical Superintendent, Civil Hospital, Sukkur, reveals that he is suffering from first degree piles. Both these reports are sent by Dr. Bashir Ahmed Ghoto, Civil Surgeon, Civil Hospital, Sukkur, vide Letter No.CHS:/(Accused)/98/2083, dated Sukkur the 19th March, 1998. Diabetes mellitus is a serious disease. A patient suffering there from needs special diet and care to keep it under control. Apart from diet, regular exercise is a must for such a patient. The learned State Counsel admits that no such facilities of special diet and exercise and regular medication and blood glucose monitoring of disease are available in jail despite the claim of doctor to the contrary. When one is afflicted with diabetes he learns something new every day and each time he has to modify his diet, exercise, blood glucose monitoring methods and medications. The learned counsel has also submitted that the appellant would need surgery for the piles with which he is suffering and that no such facility is available in jail where he is confined. The learned counsel for the appellant/accused has also placed reliance on the case of Tasneem Kausar v. Bashir and others (1981 SCMR 686) and an unreported decision of Hon'ble Supreme Court in (Dr. Muhammad Hassan Rizvi v. The State) Criminal Petition No.58-K of 1987 where among other, diseases accused was also suffering from diabetes mellitus and he was granted bail. The learned counsel for the appellant has further submitted that there is heavy backlog of criminal appeals. This appeal is not likely to be disposed of in near future. When asked about the merit of case, it is stated by the learned counsel that there are in all four injuries on the person of deceased, out of them, two are on right side of his skull and the remaining two injuries are over the left scapular region. It is argued by Mr. A.Q. Halepota, learned Advocate for the appellant, that injuries on the same part of body suggested that it was the work of a single assailant. The injuries on the person of deceased, thus, suggested that this attack could not have been launched by as many as five: persons, who have been convicted in this case. So, there appears to be doubt as to which of the appellant caused injuries to the deceased. The appellant/accused under the aforesaid circumstances is entitled to bail. By short order, dated 30-3-1998 sentence of appellant/accused Abdul Rehman was suspended and he was granted bail. Above are the reasons for the said short order. Q.M.H./M.A.K./A-269/K Petition accepted.