This is an application for bail under section 498 of the. Criminal Procedure Code on behalf of Muhammad Ali, petitioner, who is being prosecuted. Along with to others, namely, Nawab and Yasin for the murder of Shah Muhammad and for the attempted murder of Muhammad Ramzan.
2. The prosecution alleges that ;on the 4th of November 1969, at digerwala, the petitioner along with Nawab and Yasin accosted the deceased and Muhammad Ramzan. Nawab who was armed with a gun, fired at Shah Muhammad and Muhammad Ramzan, while- Muhammad Ali petitioner, and Yasin gave dang blows to Muhammad Ramzan. After the usual investigation the case was filed in the Court of the Assistant Commissioner, Ferozewala.
3. The Assistant Commissioner, on an application made on behalf of the petitioner, admitted him to bail on the 4th of March 1970, on medical ground. On an application made by the State, Sheikh Abdul Waheed learned Additional Sessions Judge, Sheikhupura, cancelled the bail granted to the petitioner and remanded him to judicial custody. The learned Addl. Sessions Judge took the- view that the ailment of the accused was of a minor nature and there was no danger to his life by keeping him in jail.
4. This order was impugned in this Court and it was argued that according to proviso to section 497
(1) of the Criminal Procedure Code it was not necessary that the accused must --suffer from serious sickness and that he is entitled to bail, if he is a sick person. On the record to certificates have been produced; one of Dr. Kh. Hafiz Ghias-ud-Din Wyno, Assistant Medical Officer, Civil Dispensary Sherakpur Sharif, District, Sheikhupura, and the second of Medical Superintendent, District Headquarters Hospital, Sheikhupura. According to the former certificate the petitioner was examined by the doctor on 30th May 1970, and according to him he was suffering from acute attack of bronche-spasm and was advised complete rest. The report of the Medical Superintendent D. H. Qrs. Hospital reads as follows:-- "His approximate age is thirty-five years. Examination of the chest shows signs of Mild Asthma. His state of General health is good. According to his own statement his Asthmatic symptoms are three years duration.
I am of the opinion that his Mild Asthmatic symptoms can be treated and kept under control inside the jail. His detention inside the jail will not adversely affect his health."
5. The petitioner was arrested on the 4th of November 1969, and was allowed bail by the Inquiry Magistrate on the 4th of March 1970. His bail was cancelled on the 12th of June 1970, and since then he is in jail. By now he has remained as an under-trial prisoner in jail for more than six. Months.
Learned' counsel appearing for the State states at the liar that though the challan has been put in Court, but not a single prosecution witness has been examined so far. It has been held the and again by this Court that a Magistrate cannot go on adjourning a case indefinitely. Proper course for a Magistrate is to record some evidence and, not to adjourn a case in a mechanical manner under section 344 of the Criminal Procedure Code. A Magistrate cannot detain a person for an indefinite period of the. It is the right of the accused to demand a speedy trial. He has also the right to say that if there is no evidence connecting him with the commission of the offence he should not be kept in custody. A part from this the petitioner is a sick person according to the to reports of the doctors and has not caused any injury to the deceased. Considering. All these circumstances of the case, I am of the opinion that it is a fit case for bail. I accordingly admit the petitioner to bail; provided he furnishes bail bond in the sum of Rs. 20, 000, 00 (Rs. Twenty Thousand) with one surety in the like amount to the satisfaction of the Assistant Commissioner Ferozewala.
6. A copy of this order be given dasti on payment.