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Criminal Miscellaneous No. 1 of 1982 in Criminal Appeal No. 118 of 1981, decided on 14th March, 1982.

--S. 497/498-Bail-Accused needed to be surgically operated upon for which no arrangements existing in jail-Accused allegedly had not dealt any blow to deceased whatsoever-Bail granted in circum stances.

Muhammad Bashir Khan for Appellants.

Syed Zawwar Hussain Shah for the State.

The bail petition submitted by Muhammad Nawaz and Abdoo peti tioners was admitted by my learned brother Sardar Muhammad, J. on 9th February, 1983 on the short ground of their ailment. A report from the Medical Board was also requisitioned which has been received. Accord ing to the report, Muhammad Nawaz petitioner has been declared to be free from any-ailment. At this stage learned counsel requests that he wants to withdraw this petition to his extent. The case of the petitioner, therefore, need not be considered and this petition to his extent stands dismissed as having been withdrawn.

2. As far as the Abdoo petitioner is concerned, the Board has repor ted as follow

"A large rounded opacity seen in right lung lower zone possibly Hydatid Cyst

This patient needs surgical treatment but this disease can be danger to his life if untreated."

3. Obviously Abdoo petitioner need to be operated upon otherwise his disease might cause danger to his life. Arrangements for surgical treatment of the petitioner are not available in the jail. The petitioner allegedly had not dealt any blow to the deceased whatsoever.

4. In view of the aforesaid reasons, I am inclined to accept this petition to the extent of Abdoo petitioner. It is directed that he should be released on bail subject to his furnishing bail bonds in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction .of the Assistant Commissioner, D. G. Khan.

M. Y. H. Bail granted.

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