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1996 P Cr. L J 1505

SAADULLAH vs THE STATE

Citation1996 P Cr. L J 1505
CourtLahore High Court
Case No.Criminal Miscellaneous No,1 in Criminal Appeal No,54 of 1994
Date1995-01-05
Judge(s)Ch. Khurshid Ahmad
ResultSentence suspended

ORDER

' The report about the health of the petitioner was called vide orders of this Court, dated 21-12-1994 for today. The report has been received from the Medical Officer New Central Jail, Multan. The following opinion has been communicated:-- "In this regard it is hereby submitted that the said convicted Saadullah son of Mana is a moderately built middle aged man with poor physique. At present he has been admitted in the jail hospital since 7-12-1994. He is a case of severe anemia (HB 7.00 grams% Normal level is 13.4 grams%). He is being given treatment but his condition is not satisfactorily improving. It is also notable that he has been given one bottle of blood on 11-12-1994."

2. The learned counsel appearing on behalf of the State has submitted that the report as made by the Medical Officer was silent about the fact as to whether the treatment of the petitioner is possible in the District Jail or not and as the petitioner was not suffering from any fatal/serious disease, he was not entitled to the indulgence.

3. In view of the opinion of the Medical Officer I am of the view that detention of the petitioner further in jail as a convict may result in his demise as the petitioner was reportedly having poor physique and was admitted in jail hospital for the last one month and the condition of the petitioner, in spite of his admission in the hospital, was not satisfactorily improving. The sentence of the petitioner, consequently is suspended. He shall be released on bail subject to his furnishing bail bonds in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Vehari.

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