Petitioner Shamas-ul-Haq through the instant petition has sought for post arrest bail in case FIR No, 303 dated 7.9.2003 under Section '324/337-A(ii), 337-A(ii), 337-R, 337-B(i), 337-D, 148, 149 PPC registered with P.S. Bhawana District Jhang.
2. The bail has been sought on the ground that he is suffering from chronic Hepatitis viral disease Anti-HCV (Elisa) = Positive)" and so he is sick and in view of the first proviso to Section 497(1) Cr.P.C. is entitled to the bail on that score alone.
3. Learned counsel for the State assisted by learned counsel for the complainant has opposed the petition.
4. I have carefully considered the submissions made from both the sides with the help of available record. It may be Mentioned here that on the last date i,e, 27.9.2004, it was directed by this Court that report about the state of health of the petitioner from Medical Superintendent, Services Hospital, Lahore may be obtained. Requisite report has been submitted. The Medical Superintendent has reported that Standing Medical Board, Services Hospital, Lahore has confirmed that he is suffering from chronic Hepatitis viral disease Anti-HCV (Elisa). Positive". It means that the petitioner is suffering from a viral disease, which may be detrimental to his health as well as the other inmates of the jail. There is no the denying fact that treatment of such disease is not available in jail.
5. The petitioner. thus is entitled to be released on bail on the ground of sickness alone in view of the first proviso to Section 497(1) Cr.P.C. I, therefore, accept this petition and admit him to bail subject to 'his furnishing bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.