This is a petition moved by Jamal Din and Fakir Muhammad petitioners under section 426, Cr.P.C.
For the suspension of their sentences awarded to them by the learned Additional Sessions Judge, Sheikhupura, vide his judgment dated 15-6-1987, whereby they were sentenced to suffer ten years' rigorous imprisonment plus fine of Rs.5,000 each and in default thereof to suffer further one year's rigorous imprisonment each under section 304, Part 1, P.P.C. Both the petitioners were also convicted under section 148, P.P.C. And were sentenced to suffer six months' rigorous imprisonment each. The petitioners along with other co-accused have also challenged their conviction and sentenced by filing Criminal Appeal No.399 of 1987. Petitioner Jamal Din has made this petition for suspension of his sentence on the ground that he is seriously ill in the jail. Accordingly, a learned Judge of this Court was pleased to direct the Medical Superintendent District Headquarters Hospital, Sheikhupura to submit a report about the disease with which the petitioner Jamal Din is suffering. Accordingly, in compliance with the order of this Court, the report has been submitted by the above said doctor on 27-7-1987. It has been stated in the report as follows:- "He has been suffering from Diabetes Mellitis with Nephropatlry-Ischaemic Heart disease with old infaraction. Treatment suggested on separate chit. Investigation reports i.e. Urine & ECG are attached."
It is clear from the report that the petitioner is suffering from Diabetes as well as from heart disease with old infaction.
2. The learned counsel for the petitioners maintained that in view of the serious disease with which the petitioner Jamal Din is suffering, he is entitled to be released on bail. Mr. S.M. Zubair, learned Additional Advocate-General has opposed the suspension of the sentence on the ground that this is not such a serious disease for which the petitioner's sentence can be suspended. The learned counsel for the complainant has also forcefully opposed the suspension of sentence. He has stated that the petitioner Jamal Din could effectively be treated in the jail hospital.
3. I have heard learned counsel for the parties and have perused the report very closely. I am of the view that the petitioner is suffering from serious diseases for which he might not be effectively and properly treated in the jail hospital. Heart disease is of course a fatal disease and requires a constant treatment at the hands of a competent doctor. Similarly Diabetes Mellitis is a disease for which proper care and precaution has to be taken and. Particularly in diet matters the patient has to be specially vigilent and careful. It may not be possible for a patient suffering from Diabetes to have controlled diet in the jail premises.
3. For all these reasons, I am of the view that for the better treatment of the petitioner Jamal Din who is presently lodged in Kot Lakhpat Jail, Lahore, his sentence has to be suspended. Accordingly, the sentence awarded to Jamal Din petitioner is hereby suspended and he shall be released on bail provided he furnishes bail bond in the sum of Rs.60,000 (Rupees sixty thousand) with two sureties, each in the like amount, to the satisfaction of A . C . Lahore.
The petition for suspension of sentence of Fakir Muhammad petitioner, having no merit, is hereby dismissed.
The main appeal is directed to be fixed for final hearing on 5-12-1987.