2004 P Cr (PLP)

Reverting to the ground of sickness the learned counsel referred to the medical report of the Chief Medical Officer, Central Karachi, dated 20‑12‑2000 which is reproduced hereinbelow:‑‑ To The Superintendent, Central Prison, Karachi

9. Sub. Medical Report of UTP Bahadur Khan Niazi Son of Raj Meer. Ref.____________ Letter No. Nil, dated 18‑12‑2000 UTP Bahadur Khan Niazi is known case of Diabetes Mellitus and hypertension. He is suffering from Posterior Myo‑Cardial infraction and unstable angina. He was admitted in NICVD Hospital. Echocardiograph was performed. According to Echocardiograph report his heart is working 35%. There is severe coronary insufficiency, left ventricle in enlarged and dysfunction. He has been strictly advised by Consultant Cardiologist NICVD to avoid stressful conditions. Patient was admitted in Agha Khan University where Angiography performed showing blockage of vessel. UTP had received gunshot injury over lumbo social region of vertebal column. He was admitted in JPMC, Neurological Department where was examined by Professor Dr. Shaukat Ali. Due to spinal cord injury there is pain over both thighs with perennial numbness on examination he has right foot drape and deceased motor power in left hand causing contracture. He has been advised regular physiotherapy by Neurosurgeon. Such facilities for physiotherapy treatment are not available in Central Jail Hospital. This is for information. (Sd.) Chief Medical Officer, Central Prison, Karachi." And submitted that in view of such medical report the applicant was entitled to his released on bail. He placed reliance upon:‑‑ (1) 1986 SCMR 847, (2) 1982 SCMR 975 (3) 1997 MLD 2484, (4) 1999 PCr.LJ 1237 and (5) 1995 PCr.LJ 1613. On the other hand Mr. M.A. Kazi, learned counsel appearing for the complainant while opposing the bail plea, submitted that complainant has made an application to the trial Court constitution of a Medical Board and we should wait for the result of the Medical Board. Mr. Suleman Habibullah learned Additional Advocate‑General appearing for the State however, conceded to the prayer of bail. Besides the above medical report, there are other documents relating to the sickness of the applicant and are placed from pages 99 to

239. These pertain to the medical history, check‑ups of the applicant and prescriptions, at well‑known hospitals in Karachi. The applicant admittedly is in a seriously injured condition and is in custody since last about 9 months. The applicant needs specialized treatment which is reportedly not available inside the jail. In, view of the above applicant appears to be entitled to bail which is allowed to him subject to his furnishing a solvent surety in the sum of Rs.5,00,000 (Rupees five lacs only) and P.R. Bond in the like amount to the satisfaction of the trial Court. For the reasons as aforesaid by a short order, dated 19‑1‑2001, the bail application was allowed and, disposed of. H.B.T./B‑84/K Bail allowed.