' SHAHID HAWED DAR, J.---Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Muhammad Ali Athar (petitioner) seeks his release on bail, having been taken into custody by the NAB authorities on 01.02.2012, being accused of a reference filed by the NAB against him in relation to case FIR No, 21/10, dated 09.01.2010, under sections 420, 468, 471, 409, 109, PPC, registered at police station Johar Town, Lahore. The accused-petitioner faced NAB inquiry S.1(9)HQ/787/NAB-P, under sections 9 and 10 of the NAB Ordinance, 1999 since then. The instant petition has been moved on the sole ground of sickness, the petitioner allegedly suffers from.
2. It is stated that he is suffering from some terminal diseases including multi infarcts dementia with history of two brain hemorrhages leading to gradual memory loss besides having poor sphincter. Control. The vehemence shown is that petitioner is sick and an infirm person whose continued incarceration in jail has been imprinting hazardous effects on his life. Further submits that two different medical boards constituted at Services Hospital, Lahore and King Edward Medical University, Lahore found the petitioner to be suffering from the aforesaid complex diseases and prospects of life of the petitioner increasingly diminished day by day.
3. Learned Additional Deputy Prosecutor General for NAB assisted by learned counsel for complainant have vehemently opposed the application with the submission that the petitioner did not suffer from any serious ailment entitling him to grant of bail.
4. We have heard learned counsel for the parties and perused law on the subject. The petitioner admittedly showed signs of fragility and poor health when taken into custody on 01.02.2012. A medical board constituted under a direction of this Court at Services Hospital, Lahore examined the petitioner on 12.07.2012 and formulated the following report:--- ' He is diagnosed case of HTN + chronic smoker. He developed recent stroke leading to progressive deterioration in memory + behavioral disturbance. He also has poor sphincter control.
' He is a case of Multi-.Infarcts dementia that has led to irreversible change to brain. (Clinical as well as investigations).
' No active management is required right now.
' However he needs one attendant whole time for routine activities in jail."
' Thereafter another medical board comprising senior medical-men. Was constituted at King Edward Medical University, Lahore. The members whereof medically examined the petitioner on n9 .08 2012 in the light of investigations including C.T.Brain, M.R.I. Brain etc. And they after thorough checkup, arrived at the following conclusions:--- "He is a case of Hypertension, chronic heavy smoker and had history of ischemic stroke with left sided weakness about a year. Ago and since then there is history of progressive memory deterioration, poor -sphincter control and behavior disturbance.
' The, Board is of the opinion that Mr. Muhammad Ali Athar is suffering from Vascular Dementia due to multiple small cerebral infarcts.
' The condition is likely to persist and may get worse with time. He needs good control of blood pressure, lipids, use anti platelets and abstain from smoking.
' He needs Psychiatric opinion for control of hallucinations and behaviour disturbance."
5. The above-said reports categorically revealed that the diseases. The petitioner suffers from require constant care including periodical tests and treatment a round the clock attendant, special diet and availability of quick medical advice etc. Which are not available in jail. The age of the petitioner, 60 years, as stated by his learned counsel, renders him an elderly man faced with such an ailment which requires advance medical treatment, advice and psycho therapy. The jail is certainly not a place where such a facility can be extended to the petitioner. It has been held in Haji Meer Aftab's case (1997 SCMR 320) that once a person is found to be sick and infirm, it is not open to the Courts to quantify his sickness and infirmity. It looks essential from the medical reports reproduced hereinabove, that the patient must continue his medication with regular follow up for control of the serious nature of his ailment and health condition.
In light of the aforesaid circumstances. We consider the petitioner entitled to bail and order accordingly. He shall be released on bail subject to furnishing bail bonds in the sum of Rs, 5 lacs with two sureties each in the like amount to the satisfaction of learned Trial Court.