1. ' Dr. QAMARUDDIN BOHRA, J.--This bail application is purely on the medical ground. Earlier to this bail application, the bail application was moved before the trial Court, which was rejected on 15th April, 2008.
2. ' The learned counsel for the applicant/accused contended that at the time of bail application before the trial Court the applicant/accused was in the N.I.C.V.D., as such, the learned trial Court rejected the bail application on the ground that the applicant/accused has not remained even a single day in jail.
3. ' The prosecution case is that on 20-3-2008 the Preventive Officer Muhammad Tanweer on suspicion intercepted the accused who was bound to leave for Macca via Kuala Lumpur by Malaysian Airlines Flight No,MH-161 and the Customs Officer in presence of two mashirs searched the handbag and trolley bag of the accused and secured five polythene bags containing 1.8 Kgs.
4. Heroin Powder.
5. ' The learned D.A.-G. On the merit of the case stated that it is the dark but as far ,as the medical report is concerned he did not oppose the bail due to serious illness and the age of the accused as well as on humanitarian ground.
6. ' The perusal of the medical report/certificate of Dr. Syed Ishtiaq Rasool under whom the accused has remained for treatment clearly shows that the applicant/accused is aged 70 years and he is suffering from Ischemic Heart disease and he underwent Coronary Angiography on 4-4-2008, which revealed 3 Vessels CAD and only one Coronary Vessel qualifies for Coronary Stenting or bypass surgery and the rest are very badly diseased. The Certificate further speaks that he is in Jail in short time interval if sub acute complication of Coronary Stenting do take place and he suggested coronary artery bypass surgery.
7. ' During the pendency of this application, vide order dated 14-5-2008 passed by this Court the applicant/accused was referred to the Medical Board and such Medical Board's report dated 20- 5-2008 is on record, wherein the earlier doctor is also one of the members, who had issued certificate. The Board opinion clearly shows that the applicant/accused is aged 70 years and is known case of Ischemic Heart Disease for the last 10 years. He was admitted in the Hospital with Angina on 31-3-2008. He was initially stabilized. In view of multiple episodes of Angina, his Coronary Angiography was performed on 4-4-2008, Coronary Angiography revealed 3 Vessels CAD.
8. However, the said report does not particularly speak about the answer required by the Court regarding the detrimental to the life of the applicant but it certainly shows the serious illness as well as advance age of the applicant/accused and on humanitarian ground and is rightly not opposed by the learned D.A.-G.
9. ' In the above circumstances of the case, the applicant/accused is granted bail in the sum of Rs,500,000 with P.R. Bonds in the like amount to the satisfaction of the trial Court. The bail application sands disposed off.