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Criminal Bail No. 1173 of 1985, decided on 11th November, 1985.

---‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. --‑Bail, refusal of‑‑Bail sought on ground of ailment‑‑Medical Board reporting that there was no evidence of ailment of accused as alleged by him‑‑Accused not found to be entitled to bail in circumstances.

‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 3/4‑‑Bail, refusal of‑‑Bail sought on ground that recovery witnesses were not from' locality and were stock witnesses of police‑‑Recovery witnesses, being private persons and before recording their evidence they could not be termed as professionals‑‑Bail refused.

‑‑‑S. 497(1), proviso third‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 3/4‑‑Bail, refusal of‑‑Accused found in possession of 2 Kg. of Heroin‑‑Accused behind bar since nine months‑‑Statutory period not expired‑‑Offence for which accused was charged was serious and punishable with imprisonment of life‑‑Bail refused.

1985 P Cr. L J 2779 and 1985 P Cr. L J 2803 ref.

1983 S C M R 72 rel.

Muhammad Ali Sheikh for Appellant.

Abdul Ghafoor Mangi, Asstt. A.‑G. for the State.

Applicant George alias Kaka alongwith Khayal Haider is being tried for the offences punishable under section of Prohibition of Hadd Order 1979. He was found in possession of 2 Kg. of Heroin. He applied for bail on health grounds.

2, Mr. Muhammad Ali Shaikh, learned counsel for the applicant contended that mashirs are not from locality and are stock witnesses of police. He further argued that applicant has remained in jail for about nine months. He has cited 1985 P Cr. L J 2779 and 1985 P Cr. L J 2803.

3. Mr. Abdul Ghafoor Mangi, the learned Asstt. A.‑G. appearing for the State has opposed the bail.

4. The bail application before the lower Court was pressed on the medical ground only. In support, the certificate of Medical Officer (Central Jail) was produced. The learned IInd Additional Sessions Judge, East, Karachi refused bail on the ground that Jail Doctor has not given fins: opinion about the health of applicant. At the request of the applicant the Medical Board was constituted under orders of this Court. The Members of Board in their report have stated that there is no evidence of Ischaemic Heart disease or Liver disease. The applicant is not entitled to bail as he is not found suffering from any ailment. The Mashirs of recovery are private persons and their evidence have not yet been recorded. At this stage it is too early to say that Mashirs are professionals. So far the delay in trial is concerned, .I refer to a B case reported in 1983 ‑ S C M R 72, where it has been held that accused is not entitled to bail under proviso 3 of section 497, Cr. P.C. before the expiry of statutory period. The offence for which applicant is charged is serious and punishable with imprisonment of life. Application having no merit is dismissed. However, the trial Court should put efforts to proceed with this case as early as possible as few witnesses are to be examined.

H.A.K. Bail refused.

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