1. ' BIN YAMIN, J.---This order will dispose of miscellaneous application No,3527 of 2008, filed along with the appeal on behalf of appellant Allah Dino Mirbahar who is awarded life imprisonment and fine of Rs,1,00,000 by the trial court i.e, IVth Additional Sessions Judge, Hyderabad, with the request that appellant is cardiac patient and is in serious condition, therefore, the sentence awarded to him in case crime No,45 of 1995, may be suspended and he may be released on bail during the pendency of the instant appeal.
2. ' Heard the advocate for appellant as well as learned State Counsel and perused the reports of the doctors.
3. ' Learned counsel for the appellant/ accused submits that the appellant was arrested in the afore noted case on 12-6-1995 by Police Station Bulri Shah Karim. That thereafter he was granted bail by the trial court on 24-10-1998, and thereafter, he remained on bail till his conviction recorded on 25-2-2008 when he was taken into custody.
4. ' Thereafter Superintendent Central Prison Hyderabad, was directed to produce appellant before Superintendent L.U.M.H.S., Hyderabad and the latter was directed to issue report regarding the health condition of the appellant/accused. That thereafter, a report dated 24-12-2008 was received from Associate Professor Cardiology Department L.U.M.H.S. Hyderabad, according to which the appellant was admitted in CCU with Acute Anterior + Inferior wall & RV Myocardial Infarction. As per opinion of the learned Doctor though the condition of the appellant was found stable but he was advised for Angiography by Consultant and continuous visit in Cardiac OPD on weekly basis. That after the receipt of this report on 29-12-2008 another direction was issued by this Court to the Jail Authorities to submit report about the present health condition of the appellant.
5. That in response to that direction of this court another report dated 2-1-2009 issued by Chief Medical Officer Central Prison, Hyderabad, is received according to which as per OPD Slip No,112, dated 1-1-2009 appellant is known case of Acute Anterior and Inferior Wall MI and advised treatment in Cardiology OPD after one week for review.
6. ' Learned counsel further submits that no facility of Angiography is available in the Central Prison, Hyderabad, where the appellant/accused is presently confined. He further submits that required facility for heart disease are also not available in the Jail Hospital, therefore, detention of the appellant in Jail will be dangerous to his life. That for the purpose of Angiography the appellant has to undergo various tests and for that purpose he has to go to Karachi, therefore, while he is confined in Jail taking him to Karachi and bringing him back will also be risky to his health. He further submits that as appellant has remained on bail for about ten years but nothing is available on the record to show that he had ever misused the facility of the bail granted to him, therefore, in the circumstances of the case the application under consideration may be allowed and the appellant may be released on bail so that he may get required treatment at his own costs.
7. ' Learned State counsel has opposed this application and submitted that as per the report of the Doctor the condition of the appellant was quite stable, therefore, he may not be released on bail at this stage. However, he admitted that as per the report of the doctor the appellant is an Acute case of Cardiac diseases. He requested for rejection of the instant application.
8. ' I have considered the contentions raised at Bar and have also perused the material available on the record.
9. ' It is an admitted fact that during the course of trial appellant/accused remained on bail for ten long years and during this period nothing was brought on record to show that he misused the facility of bail. Further more as per the opinion of the Heart Specialist he is an acute case of Cardiac and requires continuous treatment. Besides he is also advised to get Angiography for the purpose of ascertainment about the Cardiac disease from which he is suffering. Therefore, in view of the afore noted facts of the case, I am of the opinion that a case for grant of bail to the appellant is made out, therefore thisapplication is allowed the imprisonment awarded to the appellant is suspended and it is ordered that he be released on bail on furnishing solvent surety in the sum of Rs,3,00,000 (three hundred thousand) and P.R. Bond in the like sum of the satisfaction of Additional Registrar of this court.
10. ' It is further observed that prosecution will be at liberty to move for cancellation of the bail granted to the appellant/accused as and when it is deemed necessary.