' The petitioner is an under trial prisoner in Reference No,RAB-2-155/239 dated 2-2-2001 under the NAB Ordinance, 1999. He is facing trial in the Accountability Court, Lahore. He has applied for grant of bail primarily on the medical ground. He has stated in his petition that he is a patient of chronic backache and needs constant sessions of physiotherapy and follow a regime of exercises which are not possible - in captivity. It was urged on his behalf that he could not be properly treated in the jail and was referred to the Services Hospital where he was getting treatment from Professor Doctor Amir Aziz, Professor of Orthopaedics Surgery, Services Hospital, Lahore. We called a report from the Jail Doctor as well as Professor Doctor Amir Aziz regarding the petitioner's state of health..
The Medical Officer, District Jail, Lahore stated in his report:-- "1. He is a Chronic patient of Lumber Backache. Pain Radiates to left leg. He narrates history of severe attacks of backache in 1993, 1995 and 2001, which relieved by physiotherapy of 2/3 months from Sheikh Zayed Hospital, Lahore, and analgesics. Now he is under case of Professor Dr. Amir Aziz from last two months, by the Orders of Honourable Accountability Court, Lahore. He advised him Regular Sessions of Physiotherapy at. Services Hospital, Lahore, due to non-availability of physiotherapy facilities at jail. He has completed the physiotherapy for three weeks.
' He again visited the Services Hospital Lahore, on 4-2-2002, for follow-up check-up regarding his backache from Orthopaedic Department. He was examined by Assistant Professor of Orthopaedic Surgery Services Hospital Lahore. Along with medicines, he advised Physiotherapy twice weekly for three weeks and if not better MRI Lumber Spine.
2. He is a known patient of Moderate Hypertension and regularly taking treatment.
3. He complains of cough with expectoration. Chest pain bilaterally during coughing. He also complains of Nasal blockage and post nasal drip. He is under case of Professor Dr. Faisal Masud Medical Unit-4, Services Hospital, Lahore. He mentioned that he has Chronic Bronchitis and advised medicines to continue regularly especially ventide inhaler. He is regularly, taking advised medicines. He also narrates history of Hospitalization in April, 2001, in Services Hospital, Lahore for acute attack of Bronchitis and Acid Peptic Disease. He says that during admission in Hospital, he was also diagnosed a patient of Gall Stones on Ultrasonography.
' Regarding his complains of postnasal drip and nasal blockage. He was examined by ENT Specialist, Services Hospital, Lahore. He mentioned that he has DNS. (Deflected Nasal Seplum), and Hypertrophied Inferior Turbinate and also advised medicines.
4. For his Dental treatment, he is regularly visiting the Punjab Dental Hospital, Lahore, on weekly basis since August, 2001, by the Orders of the Honourable Accountability Court, Lahore."
The above report clearly shows that apart from lumber backache the petitioner is suffering from a number of other diseases and was referred to the Services Hospital under the order of the Accountability Court. The Orthopaedic Surgeon in his first report mentioned that the petitioner was suffering from degenerative disease of his lumbosacral spine. He has added, " This is a progressive condition and is a cause of acute or chronic back symptoms". He suggested some exercises and treatment and further stated that the said treatment was not possible in jail. In the report dated 26-2-2002 the Principal Executive Officer, Services Hospital has mentioned that the petitioner had been admitted in the hospital as he had 'developed acute exacerbations regarding his illness.
2. Thus, it is evident that the petitioner is suffering from the lumber spine degenerative disease, apart from a number of other ailments for which he cannot be properly treated in the jail and his condition is deteriorating. The accumulative effect of the various ailments is that the petitioner has become a weak and infirm person. Therefore, his case is covered by the first proviso to section 497 of the Cr.P.C. The Honourable Supreme Court of Pakistan has laid down in the case of Haji Mir Aftab v. The State (1979 SCM R 320) that while considering the question of entitlement of bail of an ailing person under the first proviso to section 497 of the Cr.P.C., it was not open to the Court to quantify the sickness and infirmity. In the case of Sadiq Ali Shah v. Sardar Khalid Umar, etc. (1982 SCM R 975) it was held that it was not necessary that sickness for bail should be such as could not be treated in jail or which is imminently dangerous to life. In the case of Malik Muhammad Yousafullah Khan v.
The State and another (PLD 1995 S.C. 58), the Honourable Supreme Court has held that if an accused has sickness or ailment which cannot be treated in the jail premises and some specialist treatment is needed or if his continued detention in jail is likely to affect the capacity of the prisoner or is hazardous to his life, he should be released on bail. In the present case it is evident that the petitioner's health is deteriorating in jail and he needs specialist treatment which is not possible in jail. In the case of Mawasi A Khan v. The State (1969 SCM R 289) bail claimed on medical grounds by a prisoner who was partially crippled and victim of several ailments was refused by the High Court by observing that jail doctors were inclined to support under trial prisoners with favourable reports.
The Honourable Supreme Court of Pakistan disagreed with this approach and held that the discretion was not exercised on sound judicial principles and allowed bail to the accused on the ground of his being sick and infirm.
3. The learned Deputy Prosecutor General, NAB and the learned Special Prosecutor NAB have candidly stated that they do not oppose grant of bail where valid medical grounds are made out to justify release of a prisoner. They have not seriously opposed the petitioner's prayer for bail.
4. For the foregoing reasons, the petition is accepted and the petitioner is allowed bail, subject to his furnishing bail bonds in the sum of Rs,15,00,000 (Rupees fifteen lacs) with one surety in the like amount to the satisfaction of the trial Court.