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Criminal Bail Application No. 1418 of 1986, decided on 26th November, 1986.
‑‑‑S. 497‑‑Bail‑‑Accused suffering from serious illness in jail hospital and requiring treatment of his choice‑‑Accused admitted to bail‑ Prosecution given liberty to move Court for cancellation of bail if disease was cured during pendency of proceedings.
Muhammad Akram Qureshi v. The State 1984 P Cr. L J 918 and Banaras v. The State 1978 S C M R 191 rel.
Muhammad Ali Shaikh for Petitioner.
M. Ilyas Khan for the Complainant.
A.A. Muhammadally, A.A.‑G. for the State.
It is alleged that on 22‑7‑1985 at about 10‑00 a.m. a person asked Salahuddin that near the car some persons were demanding tea and Salahuddin went for enquiry towards the parking and he returned and informed Sadiq Seth who was sitting on the proprietor's seat and disclosed that Sadiq and his unknown companion has given injuries on head by way of pipe. It is further alleged that Sadiq got up from proprietor's seat and called Yakoob by telling him as to why his servant has beaten his servant on which Yakoob, Sadiq and unknown person came out from the Hotel and started abusing. Sadiq told them not to abuse on which unknown person told Yakoob to beat. Yakoob removed revolver and fired four times on Sadiq and he received two injuries on stomach, one on his arm and one on his leg and he started bleeding and Haji Sadiq fell down near the proprietor's seat of his Hotel. The applicant has been arrested. After usual investigation, the case has been challaned. Uptil now no witness has been examined.
This application has been moved on the ground of sickness. It is alleged that applicant is suffering from serious disease. He was examined by Professor of Surgery and he was diagnosed as a case of stomach ulcer. It is further alleged that he is suffering from hypertension, diabetes and cardiovegaly his medical condition is rather poor and in case of surgery being required, may become very serious. He was referred to the Medical Board and the opinion of the Medical Board is recorded as under:
"We have again examined him on 12‑11‑1986, and we are of the opinion that accused Muhammad Yakoob son of Muhammad Sadiq is suffering from severe hypertension and uncontrolled diabetes mellitus with some degree of (renal) involvement. His recent records from Civil Hospital, Karachi also indicate that he has an associated 'peptic ulcer'.
In final opinion of this Board, this patient has severe degree of illness which requires treatment:'
According to the Medical Board the applicant is patient of severe degree of illness which requires treatment.
The learned A.A.‑ G. was directed to enquire from the Jail Authority whether the applicant has been admitted to hospital or disease has been cured. According to the statement of the learned counsel for the applicant, the applicant is admitted as indoor patient in the Jail Hospital. In such view of the matter, it is possible that the condition of the applicant may be further deteriorated.
The learned counsel for the complainant has referred to the case of Muhammad Akram Qureshi v. The State 1984 P Cr. L J 918 but this authority does not apply to the facts of the case. On the other hand the learned counsel for the applicant has referred to the case of Banaras v. The State 1978 S C M R 191 where the accused was suffering from a serious disease and it has been observed that he cannot have treatment of his choice in the Jail Hospital, therefore, the bail was allowed by the Supreme Court. The applicant is a sick person and he is still in the hospital. I, therefore, admit him to bail. The learned counsel for the complainant has stated that the applicant is residing at Chaman (Quetta) and after receiving bail by this Court, he will abscond. The learned counsel for the applicant has stated that he is running hotel and has property in Karachi. However, he may be admitted to bail on furnishing surety in the heavy amount. He be released on furnishing two sureties in the sum of Rs. 75,000 (Rupees seventy‑five thousand only) and P.R. bond in the like amount to the satisfaction of the trial Court. However, the State is at liberty to move the Court for cancellation of bail if the disease is cured during the pendency of the proceedings.
M.Y.H./M‑31/K Bail granted.
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