2006 PLP 1763 (MLD)

FAZAL-E-MIRAN CHAUHAN, J.

Petitioner-Haji Nazir Ahmad, seeks post-arrest bail, in case vide F,I.R. No. 15, dated 4-4-2005, offences under sections, 302, 109, 148 and 149, P.P.C. registered at Police Station, Hyderabad, District Bhakkar for the allegations that the petitioner along with his co-accused, while armed with deadly weapons, launched a murderous assault upon Falak Sher, who later on succumbed to the injuries, hence, this case.

2. It is contended by learned counsel for the petitioner that; the petitioner is a kidney patient and has fallen seriously ill in jail, where he was medically examined by the jail doctors as well as by doctors of District Headquarter Hospital, Mianwali, wherein it transpired that the petitioner's treatment is not possible within the jail premises or at D.H.Q., Hospital Mianwali, therefore, he has earned his right to be released on bail on the aforesaid ground. Further contends that to support the plea, learned counsel relied upon the medical report, which has been sent in compliance with the order of this Court, dated 12-5-2006. The report is under: The Health Status of the petitioner is:-- A multiple stone in left kidney. Left kidney smaller in size 8 cm x 3.3 cm according to ultrasound report. He should undergo Surgery at PIMS as facilities for Haemo dialysis are not available at District Headquarter Hospital, Mianwali. If patient develops renal failure post operatively, it will require haemodylises on urgent basis and the said facilities arc not available at DHQ, Hospital Mianwali, so advised that patient is shifted to Pakistan Institute of Medical Sciences Islamabad as urgent as possible. Learned counsel has placed reliance on Mian Manzoor Ahmad Watto v. The State (2000 SCMR 107), therefore, the petitioner is entitled to the concession of bail on the basis of medical ground.

3. Conversely, learned State counsel has half-heartedly opposed the bail petition.

4. Having heard the learned counsel for the parties and perused the record, it manifests that the continued detention of the petitioner in the jail is hazardous to his life and that the treatment which he needs off and on for his ailment, cannot be provided within the jail premises. The principle for grant of bail on medical ground in a criminal case was laid down by a Bench of the Court in the case of Muhammad Yousafullah Khan v. State (PLD 1995 SC 58), as follows:-- "From the above discussed position it is clear that the bail on medical ground can be granted under section 497, Cr.P.C., if the Court reaches the conclusion on the basis of medical report that the ailment with which the accused is suffering is such that it cannot be properly treated while in custody in Jail. The fact that the appellant is not suffering from any particular type of injury (as observed by the learned Judge that there was no fracture of bone in that case), would not be a ground either to refuse or grant the bail on medical ground. The correct criteria for grant of bail on an accused in a non-bailable case, on medical ground, in our view, would be that the sickness or ailment with which the accused is suffering is such that it cannot be properly treated within the premises of jail and that some specialized treatment is needed and his continued detention in Jail is likely to affect his capacity or is hazardous to his life."

5. In this view of the matter, while relying on 2000 SCMR 107 (supra), his bail petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000 (rupees two lac only) with one surety in the like amount, to the satisfaction of the learned trial Court. H.B.T./N-72/L???????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.