Tassaduq Hussain Jilani, J.--Petitioner, who is admittedly about 75 years of age, seeks bail on the medical ground in Reference No, 15/2002 wherein it is alleged as under:- "That the Punjab Employees Social. Security Institution (PESSI)/Punjab Workers Welfare Board has invested an amount of Rs, 25,82,730/- in Defence Saving Certificates with National Savings Centre, Sandman, Lahore. On maturity this amount swelled to Rs, 36,15,522/-. The Directorate of National Savings Centre, Lahore issued Cheque No, A-670374 dated 10.5.1993 for an amount of Rs, 36,15,822/- in favour of Chairman and Secretary, Labour and Manpower. The Accused No, 1 opened a fictitious Account No, 104624 on 24.5.1993, in the name of Chairman/Secretary, Labour and.
Manpower with the Habib Bank Limited, Dharampura Branch, Lahore. This false account was opened with the active connivance of his son accused Zubair Baig Mirza, who worked in this Branch and he knowingly gave false introduction of his father as Secretary Labour and Manpower, Punjab to the then Manager. An amount of Rs, 36,14,000/- was withdrawn by accused M.A.H. Baig through cheques Numbers 441326 dated 29:5.1993 and 551327 dated 22.6.19993. The amount of Rs, 36,14,000/- with mark up of Rs, 21,68,399/- (total Rs, 57,82,399/-) was misappropriated by Accused No, 1, in collusion with Accused No 2".
2. Learned counsel for the petitioner submits that the petitioner is under arrest for the last more than one year and not a single witness has been examined; that he is above seventy five years of age; that the last ten years medical history of the petitioner showed deterioration of his health; that the report given by the Medical Superintendent of Punjab Institution of Cardiology Lahore endorses petitioner's condition that he needs proper treatment/operation which cannot be carried out in jail premises. In support of the submissions made, learned counsel relied on Mian Manzoor Ahmad Wattoo vs. The State (2000 SCM R 107), Muhammad Saeed Mehdi vs. The State and 2 others (2002 SCM R 282), Zakhim Khan Masood vs. The State (1998 SCM R 1065), Khan 'Asfandyar Wali and others vs. Federation of Pakistan through Cabinet Division, Islamabad and others (PLD 2001 Supreme Court 607) and an un-reported order of this Court in Cr1. Misc. No, 503-B/2002 (Major Retd. Mushtaq Ahmad vs. The State).
3. Mr. M. Bilal Khan, Advocate appearing for NAB opposed the prayer for bail by submitting that each case has its own facts; that the petitioner committed fraud and cheating and thereby misappropriated a huge amount; that the delay in trial was mainly on account of the petitioner or his co-accused and that the petitioner can be admitted in a hospital of his choice and treated accordingly. In this connection he relied on an unreported order of the August Supreme Court in Haji Neh Muhammad vs. The State (Cr1. Misc. No, 28-L.2001 in Criminal Petition for Leave to Appeal No, 214-L/2001).
3. We have heard learned counsel for the parties, have gone through the record and the precedent case cited at the bar.
4. Petitioner has appended several documents to indicate that even prior to his detention in the afore-referred Reference he was heart patient, he had diabetes and various other ailments. The report issued by the Punjab Institute of Cardiology dated 12.11.2002 indicated that he needed Coronary Artery Bypass grafting. MRI report issued by the Board of doctors of the Children's Hospital dated 25.1.2003 is to the following effect: "DISCUSSION:- Multiecho multiplanar images through the Lumbo-sacral Spine were performed. MODIC type II degenerative changes are noted at L1, L4 vertebral bodies. Multilevel disc desiccation and sub-ligamentous disc bulge are also noted. No evidence of disco-vertebral osteomyelitis.
Conus medullaris is at its normal location (L1 level). Axial images demonstrate multilevel facet joint arthropathics alongwith ligamentum flavum hypertrophy. At L5-S1 there is central and left paracentral disc bulge, which is abutting the left S1 nerve root.
IMPRESSION:-- MR features are suggestive of degenerative lumbar Spondylosis.
Central and left paracentral disc bulge abutting the left S1 nerve root. Multilevel disc desiccation and sub-ligamentous disc bulge alongwith degenerative facet joint arthopathies and ligamentum flavum hypertrophy."
Yet another report was given by the Punjab Institute of Cardiology dated 1.3.2003 which is to the following effect:-- "Above patient has severe coronary artery disease and is advised to undergo heart surgery, which also invites high risk."
5. The petitioner is admittedly seventy five years of age and with this advanced age, the combination of afore-referred ailments are a pointer to the serious state of health. The two reports from the Punjab Institute of Cardiology indicate that he cannot be treated in jail. The August Supreme Court in several cases has allowed bail in similar circumstances. In Zakhim Khan Masood vs. The State (1998 SCM R 1065), the Hon'ble Supreme Court allowed bail purely on medical ground.
Relevant portion of the order is as under:-- "It is further submitted that the contained detention of Mr. Zakhim Khan Masood a patient of Ischaemic Heart Disease is likely to have adverse hazardous effects on his life because stress and strain can aggravate his disease condition". It has been observed by the doctor in the above report that the ailment with which the petitioner is suffering, is likely to have hazardous effects on his life because stress and strain may aggravate his disease". In Mian Manzoor Ahmad Wattoo vs. The State (2000 SCM R 107), the petitioner was allowed on the ground that specialized treatment was not possible within the jail premises. In Muhammad Saeed Mehdi vs. The State and 2 others (2002 SCM R 282), the petitioner was allowed as his state of health required immediate hospitalization and close monitoring by medical specialists. In Ch. Zulfiqar Ali vs. The State (PLD 2002 Supreme Court 546), petitioner was allowed bail on the ground that "there is sufficient documentary evidence on record to show that the petitioner is suffering from different diseases as he remained under specialist's treatment in various hospitals from time to time. Heart disease coupled with unstable hypertension may endanger his life in jail and on medical ground, too, the petitioner is entitled to be released on bail." In an unreported order Major Retd. Mushtaq Ahmad vs. The State (Crl. Misc. No, 503-B/2002), the accused was allowed bail by a learned Division Bench of this Court who was suffering from Lumber Backache any Hypertension as learned Deputy Prosecutor General NAB himself candidly conceded that the afore-referred state of health was sufficient to justify release of the accused on bail. In an unreported order of the August Supreme Court Haji Nek Muhammad vs. The State (Cr1. Misc. No, 28-L/2001 in Cr.P.L.A. No, 214-L/2001), a copy of which was pleased before this Court by the learned counsel for NAB, is distinguishable as it was a case where a huge quantity of heroin had been recovered from the accused, he was not an old man and the High Court had dismissed the petition observing that the accused could be treated in a hospital of his choice.
6. In the instant case the evidence against the petitioner mostly is documentary in nature. It has not been argued that there is any likelihood of his absconsion. Resultantly, respectfully following the precedent case law of the August Supreme Court discussed above we are inclined to allow this petition and direct that the petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs, 50,00,000/- (rupees fifty lacs only) with two sureties each in the like amount to the satisfaction of the learned trial Court. He shall appear before the learned trial Court on each and every date which shall ensure that the trial is concluded within eight weeks from the next date of hearing.