2019 PLP 882 (MLD)

SHAKEEL AHMAD, J.

The petitioner, who is at present in judicial custody, is charged under sections 302/324/148/149, P.P.C. for the double murder of Shehr Yar and Haider Ali and for having attempt on the life of complainant. In order to secure bail for himself on the ground of ailment and infirmity within the meaning of 1st proviso to section 497, Cr.P.C, he first applied to the Additional Sessions Judge-IV, Bannu, but his application was dismissed, hence this petition.

2. The allegation against the petitioner as set-forth in the crime report, is that he along with his co-accused had made indiscriminate firing on account of which the brothers of the complainant namely Shehr Yar and Haider Ali succumbed to their injuries while the complainant escaped unhurt, luckily. The petitioner, after commission of offence, had fled away from the scene of crime.

3. Earlier, prayer of the petitioner for his examination by the standing medical board was acceded to by the Court below. On 15.02.2018, he was examined by the board and submitted its report, wherein it was opined that petitioner is suffering from following ailment:-

1. Hypertension.

2. Diabetes millitis.

3. Burning feets due to diabetics neuropathy.

4. Back-ache due to disc bulge at L4-L5.

5. Eye: Bilateral cataracts. Diabetic maculopathy disc Pallor needs Vetreo Retinal Suregon opinion needs treatment.

3. Vide order dated 22.6.2018, this Court again referred the petitioner to standing medical board to clarify whether he cannot be treated in the jail and he needs specialized treatment outside the jail. Subsequent report of the standing medical board dated 07.11.2018, was received with the following opinion. "Standing Medical Board is of the opinion that has MRI Brain, according to Radiologist report shows prominent internal and external cerebrospinal fluid (CSF) spaces prominent ventricular , system. He is having mild brain atophy with ischemic changes keeping in view his clinical condition and radiological he should be managed in a tertiary care hospital".

4. It is true that in all the said reports, petitioner is said to be suffering from some ailment and he is in need of the treatment in a tertiary care hospital, however, the board has not opined that the ailment from which petitioner is suffering, is likely to have hazardous effects on his life and his health would be deteriorated if remained inside the jail. After going through the reports, I am satisfied that the petitioner can get proper treatment for the diseases, which are easily available to him in the tertiary care hospital at Bannu as an under-trial prisoner.

5. The petition is, therefore, dismissed. I, however, observe that if the petitioner is in need of any specialized treatment in the tertiary care hospital, it would be burden of the jail authorities to provide the same subject of course to the jail rules relating to that subject. SA/60/P Petition dismissed.