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1999 P Cr. L J 1237

FARID AHMAD BHATTI vs THE STATE

Citation1999 P Cr. L J 1237
CourtLahore High Court
Case No.Criminal Miscellaneous No,5493/B of 1998
Date1998-12-16
Judge(s)Raja Muhammad Khurshid
ResultBail allowed

ORDER

' A case under section 489-B, P.P.C. Was registered against the petitioner and three others at Police Station, Sara-e-Alamgir, District Gujrat on the ground that they were dealing in counterfeit currency. According to the F.I.R., the petitioner was principal accused as he was printing counterfeit currency whereas the other three co-accused namely Malik Imran, Muhammad Sarwar and Ijaz Beg were his agents. Upon secret information, the police raided near Bus-Stand Sarae Alamgir, G.T.

Road. On seeing the police party the a fore named three persons slipped away but were overpowered and some fake currency notes were recovered from their possession. On interrogation they told the raiding party that in fact they were working for Farid Ahmad Bhatti i,e, the petitioner who was printing the counterfeit currency.

2. The learned counsel for the petitioner has submitted that the petitioner is seriously ill and being an old person of 60 years of age be. Released on bail as hi's case falls within the proviso to section 497, Cr.P.C. In this respect report from the Medical Officer of District Jail, Jhelum was called for which was placed on record as Report No,199, dated 31-10-1998. The learned counsel for the petitioner while referring to the aforesaid report has submitted that the petitioner was a chronic patient of hypertension and was advised E.C.G. And E.T.T. Test for which the matter was referred by this Court to Punjab Institute of Cardiology, which has also submitted its report, dated 18-11-1998.

According to Thallium Stress Test, the following conclusion was drawn:-- "Minimal Ischemic changes limited to Basal inter ventricular septum and inferior wall.

' However, please note that there is high insider of false positive scan in hypertension/LVH."

3. In the light of aforesaid report, the learned counsel for the petitioner has contended that petitioner is suffering from heart ailment and cannot be successfully treated in the Jail Hospital and being a sick person is entitled to bail under the proviso to aforesaid section. In addition to that it is submitted that petitioner is not a previous convict.

4. The learned counsel for the State has opposed the bail petition on merits on the ground that printing machines were recovered 'from the possession of the petitioner upon a raid at his house by the police. He was allegedly principal culprit in printing counterfeit currency whereas his co- accused were his agents and workers. However, on medical grounds, it was submitted that the reports placed on record showed that the petitioner is chronic patient of hypertension with some ailment of heart as pointed out in the Thallium test. It is, however, conceded by the learned counsel for the State that there was no previous conviction to the credit of petitioner as per instructions of the concerned police.

5. I have considered the foregoing submissions. This petition is exclusively pressed on the ground that .The petitioner is suffering from heart ailment and as such being a sick person is entitled to bail.

6. I have gone through the report of the Medical Officer, District Jail Hospital, Jhelum which shows the history of chronic hypertension with which the petitioner is afflicted. Even the Thallium test conducted at the Punjab Institute of Cardiology, Lahore under order passed by , this Court, it appears that the petitioner is suffering from some ailment of heart. As such the petitioner being a sick person of 60 years of age, his case would fall within the proviso to section 497, Cr.P.C.

Accordingly allowing this petition, the petitioner is admitted to bail in the sum of Rs,1,00,000 (one lac) with two sureties each in the like amount to the satisfaction of learned trial Court.

Cited by 3 cases

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