2016 PLP 1 (YLRN)

S. 497

Penal Code (XLV of 1860), Ss. 419, 420, 468, 471 & 109

National Database and Registration Authority Ordinance (VIII 2000), S. 30

Foreigners Act (XXXI of 1946), S. 14

Prevention of Corruption Act (II of 1947), S.5(2)

Cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment, concealing and refusing to furnish information which a person ought to disclose or furnish etc, contravention of provisions of law or any order made thereunder and corruption

Bail on medical ground

Scope

Accused sought bail after dismissal of earlier bail petition on merit on medical grounds being diabetic, hypertensive and having some cardiac problem

Accused was referred to a Standing Medical Board to look into his ailment

Medical Board submitted that accused should follow up visits to Cardiologist in and he was advised myocardial perfusion scan in the Hospital

Validity

Ailment of accused was not of such nature whereby he would run the risk to his life if he remained lodged in the jail premises

Accused could not claim grant of bail on medical grounds when hospital where he desired follow up visit was almost at a stone s throw from the jail where he was lodged at the moment

Jail authorities were directed to provide every possible medical treatment to the accused within the jail premises and in the nearby hospital as and when such need arose

Trial Court was directed to conclude trial expeditiously as possible

Bail was refused in circumstances. [Para. 4, 5 and 7 of the judgment] Mian Manzoor Ahmad Watto v. The State 2000 SCMR 107; Abbas v. The State 2000 SCMR 212; Firdous Paul v. The State 2004 SCMR 15 and Feroze Khan v. The State 2012 MLD 1152 ref. Muhammad Safdar Khan for the State. JUDGMENT QAISER RASHID KHAN, J.

Through the petition in hand, the petitioner seeks bail in case FIR No. 49/2015 dated 30.3.2015 registered under sections 419, 420, 468, 471, 109, P.P.C. read with sections 30 NADRA Ordinance, 14 Foreigners Act and 5 (2) PC Act, Police Station FIA/ ACC, Peshawar on medical grounds as his earlier bail petition was dismissed by this court on merits vide order dated 16.7.2015 in BA No. 1236-P/2015.

2. Learned counsel for the petitioner vehemently contended that since the accused-petitioner is suffering from coronary diseases, is diabetic and hypertensive, therefore, his stay in the jail premises is most likely to cause him further problems as he would not get proper treatment within the confines of the jail. He next contended that in case of any emergency in the form of some heart problem, there is every likelihood of risk to his life and hence he is entitled to bail. In this respect the learned counsel placed reliance on "Mian Manzoor Ahmad Watto v. The State" (2000 SCMR 107) "Abbas v. The State" (2000 SCMR 212), "Firdous Paul v. The State" (2004 SCMR 15) and "Feroze Khan v. The State" (2012 MLD 1152).

3. The learned State counsel on his turn opposed the bail petition and contended that as per the report of the Standing Medical Board, the accused-petitioner is suffering from problems which can be properly taken care of in the jail premises. Arguments heard and available record perused.

4. In the present case, the petitioner seeks bail on medical grounds being diabetic, hypertensive and having some cardiac problem as previously his bail petition was dismissed on merits vide order in BA No.1236-P/2015 dated 16.7.2015. On 8.2.2016 when this petition came up for hearing before this court, it was noticed that only the prescriptions issued by the OPD of the Lady Reading Hospital Peshawar had been annexed with the petition and hence the petitioner was referred to a Standing Medical Board with the directions to the Director General Health Government of Khyber Pakhtunkhwa "to constitute a Standing Medical Board which should necessarily include a senior physician and cardiologist of professor rank to look into the ailment of the accused-petitioner that he is suffering from and as to whether treatment of such ailment is possible within the jail premises." Pursuant to the order of this court, the petitioner was examined by the Standing Medical Board on 24.2.2016 and accordingly the report has been submitted which reads as below: "The Standing Medical Board is of the opinion that he is a known case of CAD and Diabetics. He is post PCI LAD/ Circumflex 2011 and 2013. According to the Cardiologist of Government Lady Reading Hospital Peshawar, he needs follow up visits to Cardiologist in Tertiary Care Hospital and has been advised myocardial perfusion scan in Government Lady Reading Hospital Peshawar."

5. The said report, in no manner suggests that the ailments of the petitioner are of such nature whereby he runs the risk to his life if he remains lodged in the jail premises. Rather the same advises follow up visits to a cardiologist in Tertiary Care Hospital and a myocardial perfusion scan in the Government run hospital. As such the petitioner cannot lay claim to the grant of bail on medical grounds when the hospital where he needs the desired follow up visits namely, Lady Reading Hospital Peshawar, is almost at a stone's throw from the jail premises where he is lodged at the moment.

6. As far as the judgments cited by the learned counsel for the petitioner are concerned, I am afraid the same are not attracted in the present case having its own set of facts and circumstances. Needless to mention that every accused claiming bail on medical grounds is to be judged and adjudged on the basis of his own ailments and of course, their gravity and magnitude. Resultantly, this bail petition is dismissed. However, the jail authorities are directed to provide every possible medical treatment to the petitioner within the jail premises and in the nearby hospital as and when such need arises. Simultaneously, the learned trial Judge is directed to conclude the trial as expeditiously as possible. ZC/112/P Bail refused.