SHAHID HAMEED DAR, J.---Syed Ashiq Hussain Shah, the accused- petitioner seeks bail after arrest in case F.I.R. No. 233, dated 7-11-2009, under sections 302/34, P.P.C., registered at police station Jand, District Attock, on the complaint of one Muhammad Aslam.
2. Precisely the prosecution case as stated by the complainant is that Ashiq Hussain Shah (petitioner), Tajamal Hussain and Nazakat Hussain were sitting in front of their haithak, at 4-30 p.m., on 7-11-2009; in the meanwhile, Muhammad Sajjad son of the complainant reached near the house of Syed Ashiq Hussain Shah where he was pounced upon by Nazakat Hussain, Tajammal Hussain and Ashiq. Hussain Shah (petitioner); Tajamal Hussain being armed with pistol fired at Sajjad, which landed at his chest, as a result of which he fell on to the ground being injured; the complainant attempted to intervene so as to rescue his son, he was fired at twice by Ashiq Hussain (petitioner) with his pistol and the missiles hit his right arm and right chest. The motive behind the occurrence pertained to a previous dispute between Nazakat Hussain Shah and Wajid, the son of the complainant. Both the injured Sajjad and Muhammad Aslam (complainant) succumbed to the injuries, one on way to the hospital and the other after having been shifted to the hospital, so it is a case of double murder.
3. Learned counsel for the petitioner submits that he only presses the medical ground as the petitioner was a sick person who suffered from multiple diseases and his case is covered by first proviso to section 497(1), Cr.P.C.; the petitioner being a heart-patient had been medically tested, treated and prescribed certain medicines by the senior medical officers at DHQ Hospital, Attack from time to time and it has been observed by the medical officer that his condition might become serious because of the ailment, he suffered from; the petitioner was arrested on 12-11-2009 and he stands continuously incarcerated since then. Relies upon cases titled "Muhammad Hussain and others v. The State" (1992 PCr.LJ 1683), "Inayat Ullah v. The State and another" (1997 PCr.LJ 1366), "Muhammad Ashraf Khan v. The State" (1990 PCr.LJ 169), "Rai Ara Ullah Khan v. Raja Anar Khan and another" (1979 SCM R 471), and "Zakhim Khan Masood v. The State" (1998 SCM R 1065).
4. On the other hand, learned Deputy Prosecutor-General Punjab assisted by learned counsel for the complainant opposed grant .Of bail to the petitioner with the contention that the petitioner along with his co-accused had committed a gruesome offence taking the lives of two innocent persons for none of their fault; the complainant, who received injuries at the hands of the petitioner, also died immediately after the occurrence, so there exists dying declaration against the petitioner and his co-accused; the petitioner is not sick nor he may be treated as such, as his case is not covered by the settled principles whereby a person can be held as sick or, infirm; the ailments, the petitioner allegedly suffers from are not such, which may be considered hazardous to his life nor it has been suggested by the medical officer that his continued incarceration in jail may be dangerous to his life; lastly submits that the trial of the accused in the first round, almost stood concluded when his son and absconding co-accused Nazakat Hussain was arrested and the case entered the proceedings of a de novo trial; even in the second round three prosecution witnesses have been recorded and if accused would cooperate with the trial Court, the trial may be concluded within 2/3 months time. He relied upon case titled "The State v. Haji Kabeer Khan" (NLR 2005 Criminal 399).
5. After having heard learned counsel for .The parties and perused the record, I find that the bail plea of the petitioner has not been pressed on merits rather on medical ground only. For establishing the sickness of the petitioner, learned counsel for the petitioner has referred to a few documents issued by the medical officer, District Jail, Attack which transpire that the petitioner had not only been examined and treated by the jail doctor at jail hospital but also by some senior medical officers at DHQ Hospital, Attock. I take all these documents one by one.
(i) The petitioner according to Endst. No. 6069 dated 17-6-2010, remained admitted in jail hospital, for treatment from 6-5-2010 to 17-6-2010 with known history of hypertension, diabetes militus and Ischemic heart disease. The medical officer concluded that the blood pressure and diabetes of the under trial prisoner was controlled but occasionally he complained of pain in chest and palpitation.
He further observed that the patient became much depressed due to his imprisonment and might deteriorate his health condition.
(ii) The medical officer of District Jail, Attack vide Enast. No.6380, dated 4-7-2010 reiterated his previous diagnosis about the patient with addition that the accused was an old man aged 66 years with depressed look, occasionally complaining of pain in chest and palpitation and that the had also developed pedal edema (swelling of feet) and that he was checked by the doctor of DHQ Hospital, Attock. This report was concluded with the observation that the examinee became immensely depressed and started weeping due to his health conditions and imprisonment and that constant stress might deteriorate his health condition.
(iii) The last report issued by the medical officer in the month of February, 2001, is almost the repetition of the previous reports.
Learned counsel for the petitioner submits that the petitioner notwithstanding allegation against him may be admitted to bail deeming him sick and an infirm person.
6. I hate gone through all the reports and the case-laws referred to by the learned counsel for the petitioner besides attending to the arguments of learned Deputy Prosecutor-General Punjab as well as that of learned counsel for the complainant. I find that the trial of the accused might have been concluded much earlier. The tendering of arrest by Nazakat Hussain, the son of the petitioner, after recording of evidence of 12 prosecution witnesses in the first round of the trial appears to be purposeful. His arrest synchronized the initiation of a de novo trial, setting at naught all the previous proceedings thereof. Learned Deputy Prosecutor-General Punjab submits that after framing the amended charge by the learned trial Court, three prosecution witnesses had again been recorded and there is a likelihood that the trial shall be concluded, within 2/3 months time.
7. So far as the medical history of the petitioner is concerned, find the disease, he suffers from, the one which at present, almost every citizen of the country is a patient of, because of the stress and strain, prevailing around. There may be many factors contributing towards development of hypertension and the disease of diabetes, crucially being the stress. The socio-economical stress might grip a person in terms of falling prey to the aforementioned diseases. It has not been observed by any medical officer that the condition of petitioner was serious, his treatment was not possible in jail hospital or that every day he passed in jail had the hazardous effect on his life and health, so he cannot be considered a sick and infirm person within the scope of section 497(1), Cr.P.C.
8. Insofar as the repeated observation of the medical officer that due to his imprisonment, the petitioner starts weeping, is a fact which is but natural. Everyone who is confined in jail would behave the same way and who is there in world who cherished his imprisonment.
9. Having all the regard and reverence for the judgments submitted by the learned counsel for the petitioner. I find that the facts of the instant case do not assimilate the facts of the above said judgments, therefore, I am not inclined to accept this application, which is dismissed C accordingly.
10. Before parting with this order, it looks appropriate that the learned trial Court may be directed to expedite the proceedings of the trial and conclude the same as immediately as possible, preferably within four months from the date of receipt of the order of this court.