1. The case of prosecution, in brief, is that on 27-3-1994 at about 7-30 p.m. One Masroor Hussain Qureshi was killed by the terrorists at the instance of persons belonging to M.Q.M. Altaf Group. On completion of investigation, 10 persons were sent up for trial. 5 of them are M.P.As. And they have already been granted bail by the Trial Court. Learned 'trial Court viz. Special Court No. l (S.T.A.), Karachi refused bail to the applicant as per Order dated 26-12-1994. This Application has been pressed on medical ground only.
2. It is contended on behalf of the applicant that he is seriously ill and his further detention in Jail would be detrimental to his life. By order dated 20-8-1995 this Court had directed the Superintendent Jail, District Malir, to have the applicant medically examined and to submit the report before this Court. The latest medical report 26th September, 1995 is available on the record.
3. It has been signed by Professor Rasheed Juma of Jinnah Post-Graduate Medical Centre. The relevant portion of the report is as follows: "A. I have examined Mr. Khalid Murtaza and find that he is patalysed from waist down and is confined to a wheel-chair. He has no control over his bowel and bladder functions. He has developed pressure sores over his buttocks. He requires facilities for paraplegia care and rehabilitation."
4. Mr. Rana M. Shamim, learned counsel for the applicant submitted that this Court has power to press into service section 497, Cr.P.C. With its provisos during the pendency of trial before the Special Court and section 561-A, Cr.P.C. Can also be pressed into service in an appropriate case. He has placed reliance upon the case, The State v. Syed Qaim A.I Shah 1992 SCM R 2192. In this case, Full Bench of the Hon'ble Supreme Court, after taking into consideration all the points raised on behalf of the parties, held that both the Special Court and the High Court can grant bail to an accused being tried for a scheduled offence on medical ground.
5. Mr. K.M. Nadeem, learned A.A.-G. Has-opposed the bail application and submitted that under the circumstances of the case the applicant is not entitled to the concession of bail. In support of his contention, he cited the case of Chaudhry Shujaat Hussain v. The State 1995 SCM R 1249. Mr. Nadeem, A.A.-G. Although opposed the bail, but did not challenge the contents of the medical certificate referred to above. It is evident from said certificate that the applicant is suffering from the disease mentioned therein. The case of Chaudhry' Shujaat Hussain is, prima facie, distinguishable. In said case, the bail was not sought on medical ground.
6. Agreeing with the submission of the learned counsel for the applicant we are of the view that the applicant is entitled to bail on medical ground. Accordingly, bail is granted to the applicant in the sum of Rs.50,000 (Rupees Fifty Thousand) and P.R. Bond in the like amount to the satisfaction of the Trial Court.