Law: National Accountability Ordinance, 1999

Section: 9,10

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)-- ----Ss.9/10---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Grant of bail on medical ground---Petitioner/accused a retired Superintending Engineer through his Constitutional petition had sought bail on medical ground---Petitioner who was more than 65 years of age, was a diabetic and had recently undergone two operations of hernia both on left and right side---Petitioner was also patient of high blood pressure and hypertension and his both eyes had been operated and lenses had been inserted---Recent E.C.G. of the petitioner-had been adjudged to be not satisfactory---Recovery of petitioner from ailment would surely be slow if he remained in detention---Prescriptions and treatment record of petitioner had suggested that his detention in jail or even his stay in the hospital could result in his collapse any time---Petitioner required immediate treatment, hospitalization and close monitoring by specialist m a well equipped hospital---Bail on medical ground could be granted if Court reached a conclusion on basis of medical report that ailment of the accused was such that it could not be properly treated in jail and some specialized treatment was needed and his continued detention in jail was likely to affect his capacity or was hazardous to his life---Trial of case of petitioner though was in progress and some prosecution witnesses had already been examined, but evidence of remaining prosecution witnesses was yet to be concluded and no likelihood existed that trial would be concluded in near future--­Commencement of trial would not pose an insurmountable obstacle in way of petitioner for grant of bail on medical ground---Petitioner, in circumstances, was found entitled to concession of bail on medical ground. Dr. Ali Akbar Khan v. Chairman, NAB and others C.A. No.57 of 2003 in C.P.L.A.No.2517 of 2002 and The State v. Dr. Usman Farooqi and 2 others PLD 1998 Kar. 148 ref. JUDGMENT IJAZ-UL-HASSAN, J.---The petitioner, a retired Superintending Engineer, C&W Department, Peshawar, has filed instant writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 for…

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