1. ' KAMAL MANSUR ALAM, J.--- By this order we propose to dispose of Criminal Bail Applications Nos.618 of 1996, 619 of 1996 and 620 of 1996 all filed on behalf of applicant Farhan Iqbal seeking bail in three different but interlinked cases arising out of F.I.Rs. Nos.122 of 1995, 123 of 1995 and 125 of 1995 all of Police Station Bloch Colony for the offence under section 302/ 324, P.P.C. Section 353/34, P.P.C.
2. And section 13(d) of the Arms Ordinance respectively. In the first F.I.R. Name of none of the accused is mentioned.
3. ' The prosecution case as disclosed in the three F.I.Rs. Is that some persons entered in the house of the sister-in-law of Hassan Kamran, the complainant in F.I.R. No.122 of 1995, situated in P.E.C.H.
4. Society and killed two persons and injured several others. The intruders escaped from the back door of the house but as the complainant Hassan Kamran had by that time reached the house alongwith the police mobile, they were chased by the police and in the resultant encounter with the police two of the accused were injured. The police succeeded in arresting four accused, including the applicant, and from the applicant a Ti' pistol was recovered. As in all the three cases bail is being sought on the ground of sickness, the applicant was examined by the Special Medical Board and Neuro Physician on the direction of this Court and their report too is on the record.
5. ' In support of his case, Mr. Shaukat Hussain Zubedi, the learned counsel for the applicant places reliance on the medical report of the Jail Medical Officer and few others from the Neuro Physician and the Special Medical Board constituted to examine the applicant. According to Jail Medical Officer's report, the applicant is suffering from Epilepsy and Ulcer of stomach and requires continuous treatment but due to non-availability of proper facilities in -the jail hospital his illness was likely to aggravate if he remained in jail. In one of the reports from the Special Medical Board, it has been recommended that, "the Board is of the opinion that accused Farhan Iqbal son of Muhammad Iqbal may be shifted to place where his medical condition is well-attended and properly managed". The last report from the Neuro Physician shows that the applicant is suffering from epilepsy which is for the time being under control by daily doses of 800 mg of Carbomazepine (Tagretol) and that he needs estimation of blood level for the medicine; it also appears from the report that although the illness is not likely to be life threatening but it requires constant medication. The illness causes periodical fits resulting in loss of consciousness, loss of memory, stiffening of limbs, fro-thing from mouth etc. ' It is argued by the applicant's counsel that the applicant needs constant care and regulation of medicine doses which is not possible in the jail. He submits that when the applicant suffers from fits he requires prompt and appropriate medical attention which too is not available in jail as is apparent from the report of its Medical Officer.
6. ' Mr. Habib Ahmed, A.A.-G., opposes the bail application on the ground that the disease, according to the report, was not life threatening and, therefore, the applicant can take medicine while in jail too. He submits that it is only when the ailment is detrimental to life that the benefit of bail on medical ground can be allowed. He places reliance on the case of Malik Muhammad Yousufullah Khan v. The State and another PLD 1995 SC 58. The relevant observation to which reference is made is at page 65 of the report and reads as follows:-- "The correct criteria for grant of bail to an accused in a non-boilable case, on medical ground, in our view, would be that the sickness or ailment with which the accused is suffering is such that it cannot be properly treated within the premises of jail and that some specialised treatment is needed and his continued detention in jail is likely to affect his capacity or is hazardous to his life."
7. It appears from the above observation that the benefit of bail on medical ground would not only be available to an accused whose sickness is such that his continued detention in jail would be hazardous to his life but also to person who is afflicted with sickness which cannot be properly treated within the premises of jail and requires specialized treatment and his detention in jail is likely to affect his capacity. In the present case the Jail Medical Officer has himself reported that proper facilities are not available in jail for the treatment of the disease with which the applicant is suffering. Having regard to the nature of applicant's sickness it would seem that his case would be covered by the criteria laid down by the Supreme Court for the grant of bail on medical ground. In this regard reference may also be made to the case of Banaras v. The State 1978 SCM R 191. In that case, like in the present, the accused was suffering from epilepsy and there too, as here, the bail was opposed on the ground that he was receiving treatment in Jail Hospital. Repelling the contention the Court granted bail to the accused. The relevant portion of the order is as follows:- "Mr. Zahoor-ul-Haq, the learned Advocate-General, Sindh has admitted that the appellant is a sick person but he has submitted that he is being treated in the Jail Hospital properly and is there since January, 1978.
8. ' The appellant was examined by Dr. K. Zaki, Hasan, Professor of Neurology, J.P.M.C. Karachi and Dr. Akhtar Ahmed, Assistant Professor of Neurology, Civil Hospital, Karachi. They have also found him suffering from idiopathic epilepsy. Their recommendation is that if proper medicines are supplied to him in the hospital he may be allowed to remain there.
9. ' After hearing the learned counsel for the parties, we are of the opinion that the appellant is suffering from a serious disease and he cannot have treatment of his choice in the Jail Hospital.
10. Besides fits occur in the disease from which the appellant is suffering, and it will be difficult for the Jail Authorities to look after him."
11. For the above reasons, in our view a case for the grant of bail to the applicant on medical ground has been made out. We accordingly grant bail to the applicant in the aforesaid three cases arising out of F.I.Rs. Nos.122 of 1995, 123 of 1995 and 125 of 1995 on the applicant furnishing in each case two sureties of Rs.2,50,000 (rupees two lac fifty thousand) each and P.R. Bond in the like sum to the satisfaction of the Nazir of this Court.