P L D 1966 Dacca 127 (PLP)

A. K. M. BAQUER, J.‑Mr. M. M. G. Hafiz, the learned Advocate appearing for the detenu Kazi Zafar Ahmad Khan in Miscellaneous Case No. 131 of 1964 has presented a petition for bail of the said detenu Kazi Zafar Ahmad Khan on the ground that the detenu has been suffering from chest and other diseases and that during the hearing of the case Government produced before this Court a medical certificate dated 18‑12‑64 from Dr. S. M. Rab, Prof. of Medicine and Clinical Medicine, Dacca Medical College and Hospital showing that the detenu "has been suffering from chest disease on an allergic basis coupled with exposure and environmental factors" and further that he "looked thin and pulled down and slightly anaemic." It has been stated in the petition that the health condition of the detenu has further deteriorated and that he stands to lose the chances‑of appearing at the ensuing Law Examination if he is not bailed out presently. Mr. Golam Hafiz has urged that he has been pressed to file this petition by reason of the delay in delivering judgment of this Court in the case of the detenu. The learned Advocate‑General has resisted this application urging that bail is a very exceptional measure in Safety Act Cases. On the other hand, Mr. Golam Hafiz has placed sic) the decision in the case of Ghulam Muhammad Khan Loondkhawar v. The State (P L D 1957 Lah. 497 ). It is true that in that case the bail was granted by reason o the fact that the order of detention was prima facie bad but not on the ground of sickness of the detenu. We, however, take that decision as an authority for the position that in exceptional cases the Court has power to bail out a Security prisoner. The learned Advocate‑General also made some comments upon the medical report supplied to this Court as to the physical condition of the detenu Kazi Zafar Ahmad Khan. The medical report may be quoted here and it is in these terms: "I examined Mr. Kazi Zafar Ahmad on 17‑12‑

64. He was complaining of frequent attacks of cough with sputum, colds, loss of weight and weakness. On careful examination, he looked thin and pulled down and slightly anaemic. His chest X‑Ray and Electro‑cardiogram were normal although on clinical examination, he had evidence of Bronchitis. It seems to me that he has no serious Heart or Lung disease but he suffers off and on from attacks of bronchitis on an allergic basis coupled with exposure and environmental factors." The learned Advocate‑General has stressed upon the words `slightly anaemic' and says that his chest was normal and that he has so serious Heart or Lung disease as stated in the medical report. Close examination of this report shows that the doctor has admitted that the Security prisoner looked thin and pulled down and slightly anaemic and that though he had no serious heart or lung disease he sums off and on from attacks of bronchitis on an allergic basis coupled with exposure and environmental factors. It has also been admitted by the Government that the detenu lost 4 Lbs. in weight between 6‑10‑64 and 4‑12‑

64. We recollect that even at the stage when we had completed hearing of the case of the detenu, w felt like bailing out this Security prisoner for change of environment by reason of his bronchitis on allergic basis coupled with environmental factors as stated by the doctor. In the very exceptional circumstances as stated above, we grant this petition for bail and direct that the Security prisoner Kazi Zafar Ahmad Khan be released on bail for one month to the satisfaction of the Deputy Commissioner, Dacca. K. B. A. Bail granted.