1. ' NADEEM AZHAR SIDDIQI, J. The applicant is facing trial in Crime No,14 of 2004 of Police Station, Dodapur District Jacobabad under section 302, 34, P.P.C. The allegations against the applicant are that on 16-5-2004 the applicant armed with T.T. Pistol along with co-accused Ghulam Ali armed with gun and Riaz Ahmed armed with T.T. Pistol directly fired on Neak Muhammad with intention to kill him. Neak Muhammad got fire-arm injuries at his head, chest and other part of his body and was dead. The applicant was arrested on 17-5-2004.
2. ' Earlier all three accused moved bail application before the trial Court which was dismissed for non-prosecution. The second bail application was moved only on medical ground which was dismissed by the learned IInd Additional Sessions Judge, Jacobabad, vide order dated 17-9-2005 with the following observations:-- "It is stated by Medical Superintendent C.M.C. Hospital Larkana in medical certificate that the present accused was suffering from Bronchial Asthma and Chronic Hepatitis-C and R.H.D. With mitral stenosis but there is no mention in it as to whether this disease is detrimental to health and life of the said accused particularly to be in jail. In absence of that extraordinary concession of bail on medical ground cannot be extended to present accused. Resultantly the present application of the accused is rejected."
3. ' After filing the bail application before this Court vide order dated 26-10-2005 the Medical Superintendent C.M.C. H. Larkana was directed to constitute medical board to examine the applicant thoroughly and submit report regarding state of his health. The Medical Board was further directed to report whether the applicant can be effectively treated for his ailment in the jail hospital and that whether his detention would be detrimental to his health.
4. ' The Medical Board examined the applicant on 16-11-2005 and submitted its report dated 16-11- 2005 which was placed on record of this case. The medical report is reproduced as under:-- "Board examined UTP Sadar alias Sadderuddin son of Dad Muhammad Malgani. He does have mild to moderate mitral valve stenosis with normal sinus rhythm. He is controlled on medical treatment which he is taking regularly. Patient is also suffering from compensated chronic liver disease due to Hepatitis C. He is advised to take that treatment regularly.
5. 'Opinion ' His stay in jail is not detrimental to his life."
6. ' The learned counsel for the applicant contended that the applicant is an infirm and sick person and needs better treatment from private physicians, better diet and rest of house and his further detention in jail will be detrimental to his life. He further contended that first proviso to section 497 gives right of bail to the sick and infirm person and the sickness and infirmity cannot be quantified in terms of its being dangerous to life of applicant. He further contended that the applicant is suffering from serious ailments which are contagious in nature and further detention of the applicant will endanger the life of others.
7. ' The learned State counsel opposed the bail on the ground that the Medical Board is of the opinion that the stay of the applicant in jail is not detrimental to his life and the applicant can be treated in jail hospital and best possible medical treatment can be provided to him.
8. ' I have heard the learned counsel for the parties and perused the record made available before me including the medical report submitted by the Medical Board constituted in terms of order dated 26-10-2005 passed by the Court.
9. ' The bail can be granted by pressing first proviso to section 497, Cr.P.C. To sick and infirm accused when the nature of ailment is serious enough to endanger his life. However, the bail in isolation cannot be granted without considering the other factors i.e, circumstances of case and their cumulative effect together with the seriousness of the offence, the severity of punishment, likelihood of the accused absconding or tampering with witness. The availability or otherwise of the necessary medical treatment and other facilities have to be kept in mind before granting bail to an accused who is facing the trial on a charge falling under prohibitory clause. Admittedly the applicant is charged with murder and is only entitled to bail if suffering from disease which endanger his life if remain in jail. The Medical Board in its report has identified the ailment of the applicant and has submitted that applicant is controlled on medical treatment which he is taking and advised to take the treatment regularly and further opined that his stay in jail is not detrimental to his life. From the medical report it appears that while in jail the applicant is getting treatment and medicine and his ailment is controlled. The medical experts have not shown any apprehension that the applicant will not get proper treatment in jail. Before granting bail on the ground of ill health the Court has to form an irreversible conclusion on the basis of material placed before it that the applicant is sick and infirm to such an extent that his further detention in jail would be detrimental to his life. The Honourable Supreme Court while dealing the issue of grant of bail in the case of Malik Muhammad Yousifullah Khan v. The State PLD 1955 SC 58 held as under:-- "From the above discussed position it is clear to us that the bail on medical ground can be granted under section 497, Cr.P.C. If the Court reaches the conclusion on the basis of medical report that the ailment with which the accused is suffering is such that it cannot be properly treated while in custody in jail. The fact that the appellant is not suffering from any particular type of injury (as observed by the learned Judge that there was no fracture of bone in that case), would not be a ground either to refuse or grant the bail on medical ground. The correct criteria for grant of bail to an accused in a non-bailable case, on medical ground, in our view, would be that the sickness or ailment with which the accused is suffering is such that it cannot be properly treated within the premises of jail and that some specialized treatment is needed and his continued detention in jail is likely to affect his capacity or is hazardous to his life."
10. 'From the above it is clear that the criteria set by the Honourable Supreme Court in the above case for grant of bail in a non-bailable offence on medical ground is not available in the present case.
11. The medical report is sufficient to decline the bail to the applicant on medical ground. However, before parting with the order I direct the superintendent jail and the jail doctor to provide all possible medical treatment and medicines to the applicant at the cost of the State and the jail doctor will examine the applicant on every Saturday and will submit his report to the trial Court or every Monday positively. The trial Court is directed to proceed with the case expeditiously, preferably day to day and to conclude the proceedings within six months. In case the proceedings is not concluded within the above stipulated time and the delay if any is not attributable to the applicant he has the right to move to the trial Court for grant of bail and the trial Court will decide the bail application in the light of the above observations.