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Criminal Miscellaneous No. 1035‑B of 1986, decided on 9th December, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.302‑‑Bail, grant of‑‑Medical ground‑‑Two reports of Medical Superintendents and third of Medical Board, declaring accused suffering from Hypertension and Angina Pectoris‑‑Jail doctors recommending specialized treatment‑‑Medical Superintendent also reporting of danger of further deterioration if specialized treatment not provided‑‑Accused, could not be treated in Jail Hospital for his ailment of serious nature‑‑Bail granted in circumstances.

Sardar Faiz Muhammad Khan Khosa for Petitioner.

Nisar A. Saeed for the State.

A report has once again been received from the Medical Superintendent, Nishtar Hospital, Multan that their thread‑mill machine is still out of order and has been sent to Lahore for repairing and, therefore, the re‑examination of the petitioner could not be carried out. Similar was the report, dated 25‑9‑1986 of the Medical Board. In view of this situation I have heard the learned counsel for the parties only in respect of the ground of sickness taken in the present bail petition.

2. A report from the Medical Superintendent, D.H.Q. Hospital, Rajanpur was called by the learned Additional District and Sessions Judge, Rajanpur for the disposal of the bail application when it was pending before him. The Medical Superintendent (then Dr. Rafique Hussain) who also was the Jail Doctor of Rajanpur reported as under:‑

"He was having pain in chest being referred to the left arm and neck. I prescribed treatment for him but no of use. I advised the jail authorities to shift him .D.H.Q. Hospital Rajanpur for investigation and treatment. He was shifted to D.H.Q. Hospital on 9‑8‑1986 and remained admitted uptil 18‑8‑1986. During admission I got him investigated and observed him for 10 days also.

According to the investigation and my observation he is a case of Hypertension and Angina Pectoris which needs specialized treatment which is not possible at Rajanpur."

The case was referred to the Medical Board which examined the petitioner on 25‑9‑1986 and made the following report:‑--

"On admission to Cardiology Department he gives history of chest pain and giddiness. His examination at the time of admission revealed Blood Pressure of 190/120 min. of Hg, and pulse 120/Min Apex beat was within normal limits. Heart sounds were normal. There was no positive finding in the Central nervous system, Respiratory system and Gastro‑intestinal system.

E. C. G. and chest X‑ray were within normal limits. We were not able to evaluate the symptoms further because our equipment was out of order (i.e. Thread‑mill). His blood chemistry was within normal limits i.e Haemoglobin‑12 gm, SCOT‑49, Blood Urea 39 mg/ UL.

Conclusion: Patient is suffering from Hypertension. Following treatment is advised:‑‑

(1) Tab. Inderal 40 mg. twice a day.

(2) Tab. Loxotanil 3 mg. thrice a day."

The Medical Superintendent who has since changed because of the transfer of the earlier Medical Superintendent has made a report on 25‑11‑1986 which is reproduced as under:‑

"On 23‑11‑1385, he was examined by me in District Tail Hospital, Rajanpur, where he was under treatment and complained of severe retrosternal pain with its radiation towards left shoulder. At that time his pulse was 96/Min and B.P. 180/100 M.M. Hg. For further assessment and investigations he was admitted in D. H . Q. Hospital Rajanpur on the same day, where investigations and observations were made. He has a constant blood pressure ranging between 190/120 and 160/100 M.M. Hg. and pulse between 120/Min to 104/Min it was irregular at intervals, not responding to treatment already prescribed for him. He had attack of severe chest pain, during his stay in the hospital last night relieved by sublingual nitrites.

After being, investigated and observed, I am of the opinion that he is a ease of Hypertension and Angina Pectoria, and if specialized treatment is not instituted, the condition can be further deteriorated."

It will be seen from the report of the First Board that no definite opinion about the ailment of the petitioner could be given in their report, dated 25‑9‑1986 because their Thread‑mill was out of order. However, they, as the report reproduced above shows, gave the opinion that the petitioner was suffering from hypertension and they also prescribed medicines for him which are mentioned in their said report. The case was re‑referred to the Board but in spite of the expiry of over two months (from 25‑9‑1986) they have reported that their said machine is still out of order. The ca‑se cannot linger on in waiting for the repairing of the said machine. The learned counsel for the petitioner has argued that even a report only of the Jail Doctor can by relied upon for the enlarging of an accused on bail even if he is involved, as is the present case, in a case of murder. To support the contentions he has referred to Abdul Aziz v. Bashir Ahmad and The State P L D 1966 S C 658. In the said ruling in somewhat a similar case. Hon'ble the Supreme Court laid down that even the report of the Jail Doctor should be relied upon in the matter of granting of rail. Three reports two of two different Medical Superintendents/Jail Doctors and another report of the Medical Board have been reproduced above. The said reports show that the petitioner is suffering from Hypertension and. according to the said Medical Superintendent Nail Doctors he is also suffering from Angina Pectoris. The Jail Doctors in their both reports have reported that specialized treatment is required for the recovery of the patient. In the report, dated 25‑11‑1986 the Medical Superintendent has further reported that 'if specialized treatment is not instituted, the condition can be further deteriorated'. In view of this report it is quite clear that the petitioner cannot be treated in the jail hospital and his ailment is of serious nature. It is not safe to keep him in any hospital for a long time for such treatment. The petitioner is, therefore, entitled to the concession of bail. He is allowed bail in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Rajanpur.

S. A./M‑16/L Bail granted.

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