2012 PLP 1315 (YLR)

SAGHEER AHMAD QADRI, J.

The petitioner-convict in case vide F.I.R. No.131 dated 23-5-2008 registered under sections 420, 462, 471, P.P.C. Police Station Civil Lines, Dera Ghazi Khan was tried by learned Special Judge Anti-Corruption, D.G. Khan vide judgment dated 15-4-2010 he was sentenced to undergo seven years' R.I. each ender sections 468, 471, P.P.C. and section 5(2) of the Prevention of Corruption Act, 1947 with a fine of Rs.50,000 each or in default thereof to further undergo six is months' R.I. each. All the sentence were ordered to be run concurrently and benefit under section 382-B, Cr.P.C. was extended to him. He has moved this petition under section 426, Cr.P.C. for the suspension of his sentence on the medical ground.

2. The report was called from the Medical Officer, Central Jail, D.O. Khan about the disease. Accordingly, in compliance with tie order of this Court, the report has been received. It has been stated by the Medical Officer as follows:-- "The convicted prisoner Sana Ullah son of Abdul Karim has been examined by the consultant physician of DHQ Hospital Dera Ghazi Khan. In his diagnoses the convicted prisoner is suffering from Ischemic heart diseases/post MI Angina, Congestive cardiac failure class III/IV. In his opinion patient is seriously ill. He may be referred to Ch. Pervaiz Elahi Institute of Cardiology Multan for further management. Available previous medical record from Ch. Pervaiz Elahi Institute of Cardiology Multan and Punjab Intsitute of Cardiology Lahore shows old intercostals, myocardial infraction. Coronary Angiography. Triple vessel diseases. Echo Cardiograph 35% Treatment is provided to the convicted prisoner according to the advice of consultant physician from DHQ Hospital Dera Ghazi Khan. The photocopy of the prescription of the consultant physician is attached with this."

3. On the basis of report, learned counsel for the petitioner prayed that petitioner being a chronic patient, there-fore, he be allowed bail. Reliance is placed on Jamal Din and another v. The State (1987 PCr.LJ 2327) (Lahore) and Haji Mir Allah v. The State (1987 SCMR 320).

4. On the other hand learned D.P.-G. has opposed this petition on the grounds that although there is medical report but it is not clear whether the petitioner can be provided treatment in the jail or otherwise.

5. I have heard the learned counsel for the parties and perused the record.

6. As petitioner is convicted and sentenced to undergo seven years' R.I. in each offence and all the sentences were directed to be run concurrently. In view of the medical report above mentioned, he requires treatment which according to the report perhaps is not available inside the jail and he has to refer to the Institute of Cardiology. In these circumstances 1 am inclined to allow this petition, therefore, this petition is allowed and sentences of the petitioner Sanaullah son of Abdul Kareem are hereby suspended subject to his furnishing bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. N.H.Q./S-120/L Sentence suspended.