2004 PLP 1825 (YLR)

Muhammad Asif Chohan for Petitioner. Haroon Tayyab for the Complainant. Abdul Ghani for the State. Mufti Abdul Quddus/petitioner, who, vide judgment dated 9‑12‑2003 handed down by a learned Additional Sessions Judge, Bahawalpur, was convicted alongwith other accused for offence under sections 316, P.P.C. and was sentenced to 14 years' R.I. in case F.I.R. No.452 registered at Police Station City Ahmadpur East on 30‑112003, has sought suspension of sentence and his release on bail during the pendency of the appeal on the ground of sickness alone.

2. Learned counsel for the petitioner relying upon the opinion of Medical Board has argued that the petitioner qualifies as a sick person and, thus he should be admitted to bail. Learned counsel for the complainant has vehemently opposed this application, mainly on the ground that the petitioner was not a sick person as he had been attending the Court throughout the trial. Learned counsel appearing on behalf of the State, while conceding that the petitioner was a sick person, submitted that instead of releasing the petitioner on bail, main appeal should be fixed for hearing.

3. I have heard the learned counsel for the parties and have also gone through the record of the case.

4. A perusal of the opinion of the Medical Board (Annexure 'C') reveals that the petitioner was suffering from cardiac disease. The relevant portion thereof is reproduced for ready reference hereunder:‑‑ "Mr. Abdul Quddus son of Wahid Bukhsh appeared before the Medical Board which comprised of Prof. Dr. M. Akbar Khan, Prof: of Medicine, Dr. Muhammad Bilal Ehsan Qureshi, Cardiologist and Dr. Shafiq Ahmad Bhait, Cardiologist under the chairmanship of Medical Superintendent BVH, Bahawalpur. He was examined and was advised certain medical tests pertaining to his cardiac problem. His B.P. during rest was 180/105 (R. arm), 180/105 (L. arm) during sitting and 190/ 100 during standing with pulse 60/m reg: He had systonic mermur at precardium. His resting E.C.G. was abnormal i.e. St.T changes were present. His ECHO cardiagram showed normal study but slight thicking of left ventricular muscles, aorta and mitral valve thicking. Biochemistry advised was within normal range. His exercise tolerance test was positive for cardiac disease. After, these tests and examination, we reached on conclusion that Mr. Abdul Quddus son of Wahid Bukhsh is suffering from Hypertensive grade II and Ischemic heart disease F. C.II." As the petitioner is a sick person, I am not persuaded to deny the concession of bail to him. I am fortified in my view by placing reliance on Haji Mir Aftab v. The State 1979 SCMR 320, wherein it was held by the apex Court that once a person is found to be sick and infirm then his case would be covered by the second proviso to section 497, Cr.P.C. and it would not be open to a Court to quantify his sickness and infirmity and the convict‑petitioner/appellant in that case was admitted to bail during the pendency of appeal. Thus, I suspend the sentence of the petitioner and admit him to bail subject to his furnishing bail bond in tire sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the Deputy Registrar of this Bench. H.B.T./A‑80/L Sentence suspended.