1. Granted.
2. By this application under section 497, Cr.P.C. applicant Mir son of Bhawal Jamali seeks bail in Crime No,41 of 1997, Police Station Dadu, wherein he has been indicted for offence punishable under section 302/34, P.P.C.
One of the ground urged in the bail application is that the applicant, as per medical certificate dated 4-5-2002, was found to be the patient of ishaemiac heart disease for which no proper medical treatment is available in jail and thus he is entitled for grant of bail, In order to examine the correct state of health of the applicant in this context, applicant was referred to a Full Medical Board by this Court vide order dated 22-8-2002, report whereof has been received in the form of certificate dated 13-11-2002, which reads as under:-- "The meeting of Special Medical Board was held in the office of Medical Superintendent/Civil Surgeon Services Hospital, Hyderabad on 2-10-2002 and 6-11-2002. The accused Mir son of Bhawal Jamali was produced by the Superintendent, Central Prison, Hyderabad on 2-10-2002 through strong police escort, before the members of Special Medical Board on 2-10-2002. He was examined and investigated in Service Hospital, Hyderabad and referred to Liaquat University Hospital, Hyderabad for some investigations. After reviewing the investigations and reports received from Liaquat University Hospital, Hyderabad on 23-10-2002 and Superintendent, Central Prison, Hyderabad on 6-11-2002, the members of Special Medical Board concluded that ' Accused Mir son of. Bhawal Jamali is suffering from Hypertension + Ischaemiac heart disease. His stay in jail may be detrimental to his life."
Mr. Madad Ali Shah, learned counsel for the applicant contends that from the report of Special Medical Board constituted under the orders of this Court the ailment of the applicant has been confirmed and it has been further certified by the Board that stay of applicant in jail may be detrimental to his life, and in such circumstances applicant is entitled to be enlarged on bail on medical and humanitarian grounds. In support of his contention learned counsel placed reliance on the cases of (i) Zakhim Khan Masood v. State (1998 SCM R 1065) and (ii) Munawar Hussain Manj v. State (2000 SCM R 1585). In both these cases on the report of Medical Board, which had certified the ailment of applicant/accused as ischaemiac heart disease the applicant was admitted to bail.
He further placed reliance on the case of Banaras v. State (19.78 SCMR 191) and urged that it is the fundamental right of each citizen of ' this country to have treatment of his choice while in the present case if the applicant is not released on bail he will not be able to have proper treatment of his choice which may result in loss of his life; Mr. Anwar Ansari, the learned State Counsel opposed this bail application and suggested that in order to provide proper medical treatment to the applicant, Superintendent, Central Prison may be directed to lodge him in some hospital with heavy police guard so that necessary treatment of his ailment may be provided to the applicant.
I have carefully considered the arguments advanced by the learned counsel and perused the material available before me. The report of Special Medical Board in the shape of certificate issued by them on 13-11-2002, which is duly signed by seven members of the Special Medical Board, clearly suggest that the applicant is suffering from hypertension and ischaemiac heart disease and his stay in jail may be detrimental to his life. In similar circumstances and on the basis of similar nature of decease the applicants in the case of Zakhim Khan Masood (supra) and Munawar Hussain Manj (supra) were ordered to be released on bail by the Honourable Supreme Court of.
Pakis'tan. In such circumstances I am also inclined to admit the applicant on bail on medical ground. Accordingly his bail application is. allowed. Applicant shall be released on bail on his furnishing two solvent sureties in the sum of Rs,2,50,000 (Rupees two lacs fifty thousand) each and P.R. Bond in the like amount to the satisfaction of the trial Court.