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Criminal Miscellaneous No. 1383/B of 1975, decided on 6th June 1975.

‑‑-----S. 498‑Accused aged 65 years suffering from diabetes mellitus and cataract in both eyes‑Opinions of Medical Superintendent and Board of Doctors contradictory‑Accused yet an ailing man--- Sending back to Jail of such accused, held, may further aggravate his ailment‑Bail order not interfered with in circumstances‑Penal Code (XLV of 1860), S. 307/149/148.

Zafar Pasha Chaudhry for Petitioner.

Yasin Wattoo for Respondent.

Abul Asim for the State.

This is an application for cancellation of bail granted to the respondent by the learned Sessions Judge, Sheikhupura, who has been accused of commission of offences under sections 148, 307 read with section 149 P. P. C. The allegation against the respondent is that he fired from his gun and the shot hit Muhammad Siddiq on the chest and the neck. 2. The respondent applied for bail to the Session Judge, Sheikhupura, on grounds of health. The report the Medical Superintendent, Sheikhupura, was to the effect that the petitioner had an enlarged heart and there were congestive changes in both lungs. An opinion from the Radiologist of the Mayo Hospital was also taken on 29th of January 1975, and he opined that there was appearance of chronic inflammatory Lesion (kochs) but the cardiac outline was normal.

The learned Sessions Judge granted bail to the respondent on ground of illness.

3. When the present application was moved, I sent the respondent for examination by Dr. Muhammad Akhtar whose report shows that the respondent was suffering from diabetes mellitus and that he has cataract in both his eyes and on this account he has been advised admission in the hospital. On X‑Ray, the chest, lungs and heart appeared to be normal. Raja Mumtaz Ahmad examined the respondent on 20th of May 1975, and he found that the respondent could do finger counting from a distance of one meter. He repeated this opinion on 29th of May 1975.

4. Mr. Zafar Pasha Chaudhry submits that the examination by the Board of Doctors at Lahore presided over by Dr. Muhammad Akhtar does not bear out that the respondent's heart or liver were enlarged. He further submits that the diabetes can be treated in jail, It is true that the examination conducted in the Mayo Hospital does not fully support the opinion of the doctor at Sheikhupura who said that the respondent had enlarged heart and suffered from tuberculosis, bit I am told by the learned counsel for the respondent that after his release on bail by the learned Sessions Judge he has been under treatment in the hospital for twenty‑five days. The opinion of Dr. Anwarul Haq Assistant Radiologist, Mayo Hospital, Lahore, expressed on 29th of January, 1975, also indicates that----

Shadowing right sub-claincular zone (1^st interspace). The appearances of chronic inflammatory Lesion. Normal Cordiac outline."

The respondent appears, to be sixty‑five years of age and is suffering from diabetes mellitus. He is also suffering from cataract in both eyes and has been advised admission in the hospital. In my view notwithstanding the contradiction between the opinion of the Medical Superintendent Sheikhupura, and the Board of Doctors of the Mayo Hospital, the respondent is an ailing person and sending him back to jail may further aggravate his ailment. I, therefore, refuse to interfere. This petition is dismissed.

Petition dismissed.

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