1. ' The case against the applicants Moulvi Abdul Hamid and others under sections 416, 420, 465, 467, 468, 471, 109/34, P.P.C. Is pending in the Court of Sessions Judge, Karachi (East). His earlier bail application was rejected on merits by this Court (Criminal Bail Application No, 624 of 1988) by the then Mr. Justice Ahmed All U. Qureshi on 27-6-1988 by a detailed order. The applicant again moved application for bail on the ground of sickness. The learned Sessions Judge by an order dated 22-8- 1988 rejected the same and against that order the present bail application was filed on 17-10-1988.
2. This Court by an order dated 30-10-1988 directed that the applicant be referred to the Medical Officer Central Jail, Karachi, for examination and certificate. Finally, he was also referred to the Board.
3. ' I have heard Mr. Agha Imdad, learned counsel for the applicants, at length on the various dates of hearing. It is argued that applicant is aged person and submitted that under the exception he is entitled to bail.
4. ' Mr. Azizullah Shaikh, appearing for the complainant has no objection in view of the various medical reports to the grant of bail, but submitted that some heavy surety be taken from applicant.
5. ' Mr. A.A. Muhammad Ali. AA.-G. Has also no objection to the grant of bail.
6. ' The only ground available for the consideration of bail is a sickness for which the applicant was referred to Medical Officer Central Prison, Karachi. He, in his letter, dated 14-11-1988, stated that applicant according to his opinion, is aged about 67 years and also certified that he can be treated in Jail Hospital, but not fully satisfactorily as the complete and adequate facilities are not available in Jail Hospital.
7. ' I heard these applications on 28-11-1988, and found that Medical Certificate was not clear, therefore, ordered for the constitution of Board. The report of the Board was received. The Board, consists of 5 doctors. They gave following opinion:- "Applicant Moulvi Abdul Ham need has been produced before the Medical Board today on 17-12- 1988. He has been clinically examined. His X-Rays have been taken. His blood and urine have also been examined and his E.C.G. Has been taken.
8. ' In the opinion of the Board Moulvi Abdul Hameed is an old man is about 67 years of age and at present he is suffering from Advanced Cervical Spondylitis and generalized Osteoarthritis with moderate Anaemia and immature Cataract in both eyes with visual acuity of 6/12 without glasses."
9. The matter was again referred to the Board and clarification was sought. The Medical Superintendent, in his letter dated 22nd January, 1989, stated that in the opinion of the Board with proper treatment in Jail Hospital, there is no danger to his life. The treatment of accused should be available with Jail Authorities. In view of the opinion of the Board, the matter was again referred to the Medical Officer, Central Prison, Karachi, and he gave the following opinion in letter dated 19-2- 1989.
10. ' Age of accused 67 years.
11. ' Disease present on the person of accused.
12. ' Inadequate facilities in Jail Hospital it is humbly requested I suggest that accused Moulvi Abdul Hamid may be admitted in Civil Hospital, Karachi, for some period to have the proper treatment there and also for further advice by some Specialist to be continued in Jail Hospital; or any Specialist Medical/Orthopedic Department from Civil Hospital, Karachi may kindly be requested to visit the accused in Jail for his proper treatment, and guidance so that it may be made available in Jail Hospital."
13. It is an admitted position that applicant is a sick person. The proper treatment in Jail is not available and it is not advisable to refer the applicant to Civil Hospital from time to time. Under the exception of section 497, Cr.P.C., the bail can be granted to sick persons and another factor is that offences are not punishable with death or imprisonment of life. The applicant is admittedly sick as Board has certified and the opinion of the doctors at the initial stage are also confirmed by the Board. The Jail Doctor in his first letter dated 14-11-1988 stated as under:- "Certified that UTP Moulvi Abdul Hamid son of Moulvi Maqsood is admitted in Jail Hospital w,e,f, 3-11- 1988. He is case of weakness and infirmity and has frequent attacks of Breathlessness. From his clinical and Radiological examination at Civil Hospital Karachi, he has been diagnosed as case of:-
(1) Cervical Spondylitis;
(2) Hypochromic Anaemia;
(3) Osteon Arthritis Lumber spine with restricted and severely painful movements of Lumber spina.
14. From his physical examination, I am of the opinion that he is about 67 years old. Under the above circumstances it is also certified that he can be treated in Jail Hospital, but not fully and satisfactorily as the complete and adequate facilities/arrangements are not available in Jail Hospital."
15. Since there are no proper treatment arrangements in Jail Hospital, this is a fit case for bail.
16. Applicant is admitted to bail on furnishing 2 (two) sureties in the sum of Rs,2 lacs each with P.R.
17. Bond in the like amount to the satisfaction of the trial Court.
18. ' The application was disposed of by a short order dated 22-2-1989, and these are the reasons. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.