REHMAT HUSSAIN JAFEERI, J.---This order will dispose of the bail application filed by the applicant Akbar Javed involved in Case No,92 of 2002, pending in the Special Court (Offences in Banks) Sindh, Karachi.
2. The facts giving rise to the present application are that the applicant is facing trial for offences punishable under sections 409, 420, 468, 471, 477-A and 34, P.P.C. read with section 5(2) of Prevention of Corruption Act No,II of 1947. A bail application, on merits was moved before the trial Court, but it was dismissed. The applicant challenged the said order before this Court which also met with the same result. Thereafter he moved bail application before the trial Court for the grant of bail on medical ground as he was suffering from scabies disease but the same was also dismissed under the impugned order. Hence the present application.
3. We have heard the advocate for the applicant, D.A.-G. for the State and perused the record of this case very carefully. The learned advocate for the applicant has stated that the applicant is suffering from disease known as Scabies which is a contagious disease, therefore, his treatment is not possible in the hospital and his remaining in the jail would be hazardous to his life. He has relied upon the cases of Muhammad Yousafullah Khan v. State PLD 1995 SC 58, Manzoor Ahmad Wattoo v. State 2000 SCM R 107, Muhammad Saeed Mehdi v. State 2002 SCM R 282 and the unreported case of Hakim Ali Zardari v. State (Accountability Appeal No,60 of 2002).
4. On the other hand, the learned D.A.-G. has stated that the disease is not such which cannot be treated in the hospital and it is not hazardous to the life of the applicant. He has further stated that the principle laid down in the case of Muhammad Yousafulah Khan (supra) is that if Go proper treatment is provided within the jail premises and that some specialized treatment is needed and his continued detention is likely to affect his capacity or is hazardous to his life then only the bail can be granted on medical ground which facts are not available in the present case, therefore, the applicant is not entitled for the concession of bail.
5. In order to ascertain the correct position about the disease the applicant was referred to be examined by a Medical Board. The applicant was examined by the said Board on 9-4-2003, such report is available on the record. The Board after examination of the applicant, diagnosed the disease as "infected scabies" and recommended the treatment which is as follows:-- Complete rest.
Scabene lotion total body application for 2 overnight application.
Tab. Fucidin 500 mg 1+0+1 Tab. Atarax 25 mg 1+0+1 Fucicort cream apply at night and after bath.
After the first 1 week of above mentioned treatment, patient should be given the following treatment:-- Tab. Deltacortil 4+2+0 for one weck Tab. Deltacortil 4+0+0 for one week.
Tab. Deltacortil 3+0+0 for one week Tab. Deltacortil 1-1/2+0+0 for three weeks Topical application Dermovate NN Oint. 1 part Vaseline pet. Jelly 4 parts Apply on wet skin after bath for itchy areas.
Tab. Zeatin 1 O.D. in the evening for itching.
Avoid hot water and use a creamy soap like Dove for bathing.
Avoid hot environment and congested set up as this disease is contagious and as it is infected the patient needs hospital admission.
6. From the perusal of report it is clear that the Board had recommended certain medicines and creams which are to be applied by the applicant. No further specialized treatment is required. The Board recommended that the patient needs hospital admission. From the report of the Medical Board it is clear that the disease is not such which is hazardous to the life of the applicant. The medicines can be applied while the applicant remains in jail or other hospital.
7. We have examined the case-law cited by the advocate for the applicant. In the case of Muhammad Yousafullah Khan (ibid) the Honourable Supreme Court of Pakistan observed as under:-- ..."The correct criteria for grant of bail to an accused in a non-bailable case, on medical ground, in our view, would be that the sickness or ailment with which the accused is suffering is such that it cannot be properly treated within the premises of jail and that some specialised treatment is needed and his continued' detention in jail is likely to affect his capacity or is hazardous to his life...."
8. In the cases of Muhammad Saeed Mehdi and Manzoor Ahmed Wattoo (supra) the principle laid down in the above authority was applied to the facts and circumstances of the cases and then bail applications were decided.
9. In the unreported case of Hakim Ali Zardari (supra) this Court found that the appellant was almost a crippled person and was not able to perform his persuits of life on his own, therefore, the bail was granted.
10. In the present case after applying the principle laid down in the case of Muhammad Yousafullah Khan (supra) for the grant of bail on medical ground we find that the case of the appellant does not fall within the said principle, therefore, he is not entitled for the concession of bail. However, keeping in view the recommendations of the Medical Board we direct that the applicant be admitted in Jinnah Post-Graduate Medical Centre, Karachi, for his treatment or if the applicant wants to be admitted himself in any other hospital of his choice then the name of the hospital alongwith admission documents may 1,e provided to the Superintendent, Central Prison, Karachi, who shall then refer the applicant to the said hospital. All the expenses of private hospitalization, medicines etc. shall be borne by the applicant.
11. Accordingly, this criminal bail application is dismissed.