1. WAHEEDUDDIN AHMAD, J.-Notice was issued in this case to the State. The petition is converted into an appeal and is disposed of as such.
2. The appellant is facing trial with his father Shamroze in a case under section 302, P. P. C. Now pending in the Court of Second Additional Sessions Judge. Karachi. It is alleged against him that on 6-7-1976 at 5 p.m. He stabbed the deceased Fazal Din at the instigation of his father Shamroze. The incident was reported by the complainant Naimatullah at Napier Police Station the same evening and the appellant and his father were arrested and challaned to stand trial in the Court of Session at Karachi.
3. Both the appellant and his father Shamroze applied for bail. Tie latter was released on bail by the High Court by order dated 13.1-1977 is Criminal Bail Application No. 31 of 1977: The bail application of the appellant was rejected by the trial Court as well as by the High Court by orders dated 26-9- 1977 and 28-1-1978, respectively. The petitioner has come up in appeal before this Court against the order of the High Court.
4. Mr. M. H. Janejo the learned counsel for the petitioner contended that the appellant is suffering from Idiopathic epilepsy for the last several months and Is getting fits and being a sick person is entitled to be released on bail under the proms to section 497- Cr. P. C.
5. Mr. Zahoorul Haq, the learned Advocate-General, Sind 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.
6. The appellant was examined by Dr. K. Zaki Hasan, Professor of Neurology, JPMC. 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.
7. 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.
8. Besides fits occur in the disease from which the appellant is suffering, and it will be difficult for the fail authorities to look after him.
9. As the appellant is a sick person, we will direct that he may be released on bail in the gum of Rs.
10. 20,003 (rupees twenty thousand only) with one surety in the like amount to the satisfaction of the trial Court.
11. He will remain on bait daring the pendency of the cage in the trial Court. In the result, this appeal is allowed.