MUHAMMAD NASEEM CHAUDHRI, J.~ Muhammad Siddique petitioner got recorded FIR No. 142 dated 25-7-1995 at Police Station Wahndo, District Gujranwala under sections 302/324/ 148/149 PPC with the allegation that Abdul Wakil respondent No. 1/accused fired at his wife Mst. Sughran Bibi with a gun who expired and also made the murderous assault on Muhammad Iqbal while his eight co- accused also accompanied him who roited after forming an unlawful assembly. The cause of occurrence is stated to be the return of some loan amount. Abdul Wakil respondent was admitted to bail vide order dated 12-9-1992 on the ground of sickness as he was held by the Medical Officer to have fallen a victim to hernia' and required surgery. The petition filed before the Additional Sessions Judge for the cancellation of the bail was dismissed. Hence this petition with the same desired.
2. I have heard the learned counsel for the parties as well as learned. State Counsel and gone through the record before me. The main contention of the learned counsel for the petitioner is that a.False and fictitious certificate was issued by the Jail Medical Officer. This aspect of the matter need not be given the weight as Abdul Wakil petitioner after his release on bail, was admitted on 7- 10-1996 in DHQ Hospital, Gujranwala who was operated upon on 9-10-1996. Learned counsel for the respondent No. 1/accused has rightly pointed out that due to the aforesaid operation of Abdul Wakil accused the order about his admission to bail on medical ground was justified. He also rightly expressed that in case an accused is admitted to bail on the ground of ailment his bail cannot be cancelled afterwards even in case he has recovered after treatment unless there are other circumstance(s), viz; that the accused has issued the threats, misused the concession of bail, become-fugitive of law etc., etc. In the instant matter no such assertion has been made in the applicatiort under disposal for the cancellation of to Abdul Wakil respondent No. 1/accused. The present position is that the copies of the documents mentioned under section 265-C Criminal Procedure Code have been delivered to the accused and the trial has commenced. Hence in such a state of affairs it would not be proper to cancel the bail alloVed to Abdul Wakil respondent No.1.
3. Finding no force in this petition I dismiss the same.