ORDER SARDAR MUHAMMAD SHAMIM KHAN, J.---Altaf Hussain, petitioner seeks post arrest bail in a case registered against him vide case F.I.R. No.245 of 2010 dated 24-9-2010 for the offences under sections 420, 468, 471 and 407 of P.P.C., at Police Station Chab Kalan, District Khanewal.
2. Learned counsel for the petitioner submits that petitioner previously applied his post-arrest bail through Criminal Miscellaneous No.4159-B of 2010 on Merits as well as on medical grounds but the same was dismissed on 8-11-2010. It is submitted by the learned counsel for the petitioner that while dismissing the bail petition of the petitioner this Hon'ble Court did not discuss the medical ground which was also urged by him during the arguments, so, he has filed this petition.
3. Learned counsel for the petitioner submits he had affixed copy of Medical Report No.293 dated 2- 11-2010 issued by Medical Officer, New Central Jail, Multan, who got the petitioner medically examined through the Specialist of Nishtar Hospital, Multan and keeping in view the reports of relevant Specialists it was opined that the petitioner is involved in serious diseases and the doctors were trying best to treat him but those diseases were dangerous to life, so, it was recommended that petitioner may be shifted immediately to any fully furnished medical institution to save his life; that in spite of this report petitioner was kept in jail. Learned counsel for the petitioner has referred to the copy of Medical Report No.39 dated 11-2-2011 issued by Medical Officer, New Central Jail, Multan and submits that Altaf Hussain, petitioner was now suffering from acute Abdominal Distension. Although he was being treated according to the advice of the Medical Superintendent, Nishtar Hospital, Multan but his condition was not stable and Jail Doctor requested to shift the petitioner to Nishtar Hospital, Multan on emergency basis to save the life of the petitioner. It is further submitted that thereafter petitioner was admitted in Nishtar Hospital Multan on 12-2-2011, in Prisoner Cell Ward No.11 bearing Registration No.370 of 1985 Bed No.60 as a patient of Cirrhosis of Liver (Hepatitis B + v), Ascties and Abdominal Discomfort and submits that if the petitioner was not admitted to bail there is every likelihood that petitioner may die in the hospital and it is further submitted by learned counsel for the petitioner that petitioner in such situation should be admitted to bail, so that he may get treatment of his on choice from a specialized hospital.
4. Learned D.P.-G. And learned counsel for the complainant have opposed this petition on the ground that post-arrest bail petition of the petitioner was dismissed by this Court vide order dated 8-11-2010 and petitioner in said petition also urged the medical ground, so, this petition is not maintainable. It is further submitted by the learned counsel for the complainant that the reports regarding ailment of the petitioner have been obtained by the petitioner in collusion with the doctors; that petitioner is being treated in the Nishtar Hospital, Multan, which is one of the best hospitals of the country, so, they have requested for dismissal of this petition.
5. I have heard the arguments advanced by the learned counsel for the parties and perused the record with care.
6. Although post-arrest bail petition of the petitioner was dismissed by this Court vide order dated 8-11-2010 but perusal of order reveals that medical ground of the petitioner was not discussed in the bail order. Perusal of Medical Report No.293 dated 2-11-2010 of the Medical Officer, New Central Jail Multan discloses that petitioner was admitted in Jail Hospital on 11-10-2010. He was suffering from Diabetes Mellitus and hypertension. After laboratory investigations, he was found to be a case of Hepatitis-B. On his physical examination there was a pitted Odema feet. A call was sent to the Medical Specialist Nishtar Hospital, Multan. The Medical Specialist Nasir Jamal visited the patient on 23-10-2010. He diagnosed him as a case of Diabetes Mellitus, Chronic liver disease and hypertension. Further Dr. Awais from Nishtar Hospital, Multan diagnosed that the patient/petitioner is suffering from Liver Cirrhosis with moderate ascities. Perusal of Medical Report No.39 dated 11-2- 2011 by the Medical Officer, New Central Jail, Multan discloses that Altaf Hussain son of Ghulam Mehdi is known case of Diabites Insuline dependent with liver function disease i.e. Cirrhosis of Liver and Hepatitis-B. Now he has been suffering from Acute Abdominal Distension. He is taking treatment by Medical Specialist from Nishtar Hospital Multan but his condition is not stable. He has been shifted to Nishtar Hospital, Multan on emergency basis to save the life of prisoner under strict security measures.
7. In view of the medical report and ailment of the petitioner, it seems that petitioner is seriously ill and his life is in danger. In view of the matter, petition in hand is accepted and petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.2,00,000 with two sureties each in the like amount to the satisfaction of the learned trial Court..