1. ' SAHIB KHAN, J.--- Vide F.I.R. No,14 of 2005 of Police Station City Gilgit, the petitioner Murad Ali is charged under sections 302/324/114/109/396/452/401, P.P.C. Read with sections 6/7, A.T.A. Has filed the instant petition seeking his after arrest bail on sole medical ground as his previous request for bail has finally been refused by this Court. He had approached the learned Sessions Judge/Judge; A.T.C. Gilgit for bail, prior to this petition who refused his request on 4-11-2006.
2. ' I heard the arguments advanced by the learned counsel for the petitioner, complainant and Advocate-General for the State.
3. ' The learned counsel for the petitioner submitted that the petitioner is in judicial custody and suffering from a life danger disease called "C.A. Thyroid". His treatment in the D.H.Q. Hospital Gilgit is not manageable and requires specialty in the concerned disease. The specialist doctor working in D.H.Q. Hospital Gilgit has referred the petitioner to PIMS/FGSH Islamabad, for proper management and treatment. The referral slip has been countersigned by the Medical Superintendent, D.H.Q.
4. Hospital Gilgit. He stressed that for the sake of life danger faced by the petitioner he may be released on bail so that the petitioner could get proper medical treatment in the specialized hospital in the down country. Moreover, he is ready to furnish sufficient surety as well as personal bonds to the satisfaction of this Court. He referred the following case laws:-- ' (1) 1996 PCr.LJ page 1497, (2) PLD 1995 SC page 38, (3) 1995 PCr.LJ 1995 page 1613.
5. ' The learned counsel for the complainant vehemently opposed the above contentions with the plea that the doctor who has referred the petitioner to PIMS Islamabad has based his opinion on the laboratory investigation reports, is run by the private person, cannot be relied on the opinion of the doctor, therefore, petition for bail may be dismissed.
6. ' The Advocate-General for the State also relied on the above arguments advanced by the counsel for the complainant.
7. I have taken into consideration the referral letter issued by D.H.Q. Hospital, Gilgit, wherein the opinion of doctor regarding A treatment and management is that the disease is not manageable in D.H.Q. Hospital Gilgit. Accordingly, concerned authorities of the hospital have referred the petitioner to PIMS/FGSH Islamabad on 12-10-2006, it seems that he is still in judicial custody at District Jail, Gilgit despite the fact that he has been referred on 12-10-2006. It is the duty of the State to provide treatment facility to the prisoners during their custody. In the instant case as stated above, the highest health facility providing institution in Northern Areas has opined and referred the petitioner to above mentioned hospitals in down country.
8. ' It is stated by the counsel for the petitioner that the trial of the case has concluded and judgment could not be passed due to non-availability of Judge, A.T.C. In Northern Areas. I, at .This juncture would not like to allow the bail petition of the petitioner which might influence the fair adjudication of the case. However, the State/ prosecution is directed that the petitioner may be shifted to the hospital as advised in referral letter under strict escort and protection within a week time. Copy of this order be supplied to the Advocate-General for compliance of the order.
9. ' Bail petition disposed of accordingly. File be consigned to record.