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Criminal Bail Application No. 481 of 1977, decided on 4th August, 1977.
‑‑S. 497 (1), first proviso‑Bail‑Accused applicant suffering from sinus techycardia with strain and mild hypertension‑State not opposing bail application‑Bail granted in circumstances.
Muhammad Hayat for Applicant.
A. H. Lakho, Addl. A,‑G. for the State.
Date of hearing : 4th August. 1977.
He (Addl. A.‑G.) opposes bail on the ground that the word Sick' used in proviso to section 497, Cr. P. C. is defined as sickness which may be detrimental to life. He undertakes to bring law on the point. He is given time upto 11 O'Clock today as desired by him.
11. 30 a. m. Mr. A. H. Lakho, states that he could not find any ruling of Supreme Court or of any High Court in which the word 'Sick' is defined. He relies on the Supreme Court ruling reported in P L D 1966 S. C. 658 and has no objection to the grant of bail to the accused on the strength of the certificate issued by R. M. O. Chandka Medical College, Larkana, which is countersigned by the Medical Superinten dent Chaudka Medical College, Hospital, Larkana. This certificate shows that the accused is suffering from Sinus techycardia with strain and mild hypertension. The certificate was issued in December, 1976 and repeated on re‑examination of the accused on 13th February, 1977 The R. M. O. confirms the said ailment of the accused in his report dated 7th July, 1977 called by this Court. The Addl. A.‑G. does not contest A certificate of the report but he supports it.
In the light of the abovesaid medical certificate and no objection of Addl. A. G. the applicant is granted bail in the sum of Rs. 10,000 with one surety and P. R. in the like amount to satisfaction of the trial Court.
Bail granted.
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