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Criminal Miscellaneous No. 3596-B of 1980, decided on 3rd November 1980.
-- S. 497-Bail-[Murder-case] - Petitioner alleged to be one of 10 accused amongst whom one co-accused opened fire while others joined him-Petitioner- suffering from pulmonary tuberculosis and could better be treated privately than in Jail hospital-Petitioner allowed bail, in circumstances.
Kaisar Mustafa and another v. The State 1970 P Cr. L J 1128 and Haji Mir Afrab v. The State 1979 S C M R 320 rel.
Haji Rahimullah v. The State and another 1970 S C M R 514 distingu ished. ,
Allah Wasaya Malik for Petitioner.
Abdul Wahab for the State.
The petitioner is involved alongwith 9 others in a case registered against him under sections 302/307/148/149/109, P. P. C. on 12thFebruary, 1980. Soon thereafter, he was arrested and since then he is in Jail. He applied for bail on medical ground and a certificate from the Medical Superintendent, D. H. Q. Hospital, Sargodha is to the effect that "His X-ray shows infiltration of Right Apex. His E. S. R. of Mood is 36. He can be treated effectively in Jail Hospital."
2. Learned counsel for the petitioner has referred to Kaisar Mustafa and another v. The Slate (1970 P Cr. L J 1128) and Haji Mir Aftab v. The State (1979 S C M R 320) to contend that the petitioner is entitled to bail on medical ground.
3. Learned counsel for the State has opposed the bail application and has referred to Haji Rahimullah v. The State and another (1970 S C M R 514) relied upon by the learned Sessions Judge. This is distinguishable on facts.
4. The petitioner is said to be one of the ten accused from amongst whom Ghulam Abbas opened the fire and the others joined him. No doubt the Medical Superintendent has stated that the petitioner can be treated effectively in Jail Hospital but it is obvious that the petitioner who is suffering from the Pulmonary Tuberculosis, can better be treated privately. The case of the petitioner is covered by the two authorities referred to by the learned counsel for the petitioner. In all the circum stances of the case, the petitioner is allowed bail in the sum of Rs. 10,000 (Rupees ten thousand only) with two sureties in the like amount to the satisfaction of Assistant Commissioner, Mianwali.
Bail allowed.
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