2012 PLP 1152 (MLD)

SHAHID ANWAR BAJWA, J.

Mr. Sangi contended that he would argue this bail application on medical grounds as well as on other grounds. However, since no medical examination was conducted by the jail authority, Medical Superintendent Central Prison-II Sukkur was directed to conduct proper medical examination of the applicant and submit report. Consequently on 17-12-2011 the Medical Superintendent GMC Hospital Sukkur submitted the following report:-- "It is submitted to your honour that above named accused attended this hospital on 15-12-2011 with the history of severe hypertensions and same was examined by the Consultant Cardiologist Dr.Zahoor Ahmed Soomro of this hospital. On examination his pulse 90/mint, BP 180/110 mmhg, chest clear, ECG WNL, after the examination, the cardiologist of this hospital opined that the above named accused has complaint of chest pain and attacks of semi unconsciousness, the accused has severe hypertension and he needs proper look after otherwise he can develop any consequence of hypertension and advised the following treatment. 1.Tab: Diophos 10/160 (2) Tab: Cardiolite 50 mg 1 OD(3) Tab: Firisum 10 mg 1/2 BD (4) Tab:Zolip 1 HS (5) Tab: Lowplate 1 OD. " When this matter came up on 23-1-2012 the Medical Superintendent, since he had nowhere stated in his report that applicant could be satisfactorily or reasonably treated in jail or not, was directed to render his report in this regard. Consequently on 30-1-2012 the Medical Superintendent GMC Hospital Sukkur submitted the following report:-- "In continuation of this office Letter No: MS/GMC/(Med: Exam)/16272/73 dated 17-12-2011. It is submitted to your honour that the Consultant Cardiologist Dr.Zahoor Ahmed Soomro of this hospital has examined the UTP/case he is of the opinion that the UTP has recurrent attacks of severe hypertension with transient ischemic attack (TIA). His condition is not satisfactory and his treatment in jail is not reasonable." When confronted with this position learned D.P.G. stated that he does not oppose the bail application. However, learned counsel for the complainant stated that firstly he wants to challenge the medical report and secondly even if the medical report is accepted, the medical condition of the applicant is transient and therefore, he would like to reserve for himself opportunity of making application under section 497(5), Cr.P.C. In view of the medical opinion submitted by the Medical Superintendent this bail application, is allowed and the applicant is ordered to be admitted to bail upon his executing P.R. bond for a sum of Rs.200,000 (Two Lacs) with one solvent surety in the like amount to the satisfaction of the trial Court. However, the complainant shall be at liberty to challenge the medical certificate and if the medical board gives contrary opinion he shall have the right to file application under section 497(5), Cr.P.C. Similarly if the applicant recovers the complainant may also again file an application under section 497(5), Cr.P.C., if that application is filed and when it is considered it will be available to the counsel for the applicant to argue the bail application on merits. M.W.A./F-7/K Bail granted.