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Criminal Miscellaneous Nos. 2321/13 to 2324/13 of 1984, decided on 4th November, 1984.

Criminal Procedure Code (V of 1898)--

---S. 497--Bail, refusal of--After dismissal of bail application on merits bail sought on ground of old age, sickness and infirmity--Accused referred to Medical Board for examination and report--Board reporting that accused could be treated in District 'Headquarters Hospital--Accused, held, not entitled to be released on bail in circumstances.

Major Waheed-ud-Din Virk for Petitioner.

Ch. Muhammad Ibrahim for the State.

This order will dispose of four petitions filed by Shabbir Hussain Shah, petitioner, namely, Criminal Miscellaneous 2321/13 of 1984, Criminal Miscellaneous 2322/13 of 1984, Criminal Misecllaneous 2323/13 of 1984 and Criminal Miscellaneous 2324/13 of 1984.

2. Earlier, four bail petitions, namely, Criminal Miscellaneous 1341-B of 1984, Criminal Miscellaneous 1342/13 of 1984, Criminal Miscellaneous 1343/13 of 1984, and Criminal Miscellaneous 1344/13 of 1984, filed by the same petitioner were dismissed by me on 23-5-1984 on merits.

3. Since the present four bail petitions have been filed on the ground that the petitioner is an old, sick and infirm person and has been suffering from hypertension, cardiac trouble and diabetes mellitus and that he requires special treatment at home. On 18-9-1984 1 ordered that a Board of Medical Specialists should examine the petitioner and to report what ailments, if any, the petitioner is suffering from and whether he can be adequately treated in the jail hospital or in District Headquarters Hospital for the same. "The report of the Board has now been received, which reads as follows:-

"Petitioner Shabbir Hussain Shah son of Talib Hussain Shah was admitted in West Medical Ward of this Hospital on 13-10-1984 and discharged on 28-10-1984, where he was thoroughly investigated. His tests, i.e. Urine, Stool, E.C.G. and X-Ray chest are normal. His loss of vision on the left eye is permanent. His general condition is satisfactory. The Board is of the opinion that he is suffering from complicated diabetes mellitus, with hypertension for which he requires regular check up every fortnight and he can be treated in a hospital where facility for this disease exists i.e. District Headquarter Hospital."

Since the Board is of the opinion that the petitioner can be treated in the District Headquarters Hospital, the petitioner is not entitled to be released on bail. All the four petitions are, therefore, dismissed. The Superintendent, District Headquarters Hospital, Sialkot, should ensure that the petitioner is regularly checked up every fortnight and treated in the District Headquarters Hospital, as suggested by the Medics. Board.

S.A.

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