1. The applicant was challaned son Uri offence under section 302, P. P.C. He was granted bail by the Civil Judge and 1st Class Magistrate, Nausuero Feroze. The Sessions Court was moved for the cancellation of the bail Notice was issued to the applicant. Thereafter the bail was cancelled as It was pleaded before the learned Sessions Judge that the applicant was suffering from pulmonary and abdominal tuberculosis, and therefore, his detention was detrimental to health. To support this medical certificate was produced. The learned sessions Judge disbelieved the: certificate for the reasons stated by him. Being aggrieved by this order the present application was moved for the grant of bail.
2. This matter came up before my learned brother 2;iau1 Haq Channa, J on 1-8-73 and by order of the same date the applicant was referred to Officer-in-Charge of T. B. Sanitorium, Kotri, for report regarding his illness. The medical officer certified that the applicant was not suffering from pulmonary tuberculosis.
3. The learned counsel for the applicant has raised two points before mc.1 The first plea taken by him is that this Court has no jurisdiction to call told further report from another medical officer as according to hint this council was not sitting in appeal over the order of the learned Sessions Ju&Q1 under the provisions of sections 497 and 498 Cr. P. C. And had to dispose:; of the bail application on the material already available on record. I am unable to entertain this plea. The powers of the Court are not fettered, as has bean been suggested by the learned counsel. While granting bail in case of illness we have to satisfy ourselves about the illness and for that purpose further report, if found necessary, can be called from any medical officer, Consequently, the action taken by my learned brother is not open exception.
4. The other ground taken by the learned counsel is that the medical certificate issued by the medical officer indicated that the applicant was, suffering from pulmonary and abdominal tuberculosis whereas the medical Superintendent, Government Sanitorium, Kotri simply gave his opinion with regard to pulmonary tuberclosis and, therefore the certificate was defective. I find force in this contention. The learned counsel hay. Agreed that further report be called from the same Medical Superintendent as to whether the applicant was suffering from abdominal tuberclosis not.
5. I, therefore, order that the applicant be re examined by the Medical Superintendent, Government Sanitorium, Kotri, and report within 10 days whether the applicant is suffering from abdominal tuberclosis or not.
6. On the receipt of the report the application be fixed for regular hearing;