Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(1), first proviso---Bail on medical ground---Criterion---Correct criterion for grant of bail to an accused in a non-bailable case on medical ground is that the sickness or ailment with which, the accused is suffering is such that it cannot be properly treated within the jail premises and that some specialized treatment is needed and his continued detention in jail is likely to affect his capacity or is hazardous to his life. Manzoor Ahmad Watto v. State 2000 SCMR 107 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(1), first proviso---Bail on medical ground---Principles---For releasing an accused on bail on medical ground there must exist strong reason to' believe that despite advanced medical technology and availability of medicines, his treatment in jail is not possible at all having regard to the nature of illness. Ghulam Raza v. Khuda Bux 2005 SCMR 1904 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(1), first proviso---Control of Narcotic Substances Act (XXV of 1997), Ss.6/9(c)---Bail on medical ground, grant of---Grant or rejection of bail was a discretionary relief, but such discretion had to be exercised fairly and judiciously---Doctors, in the present case, were unanimous on the point of ailment of accused---Board of Doctors had opined that the accused was suffering from heart disease and they had warned about the risk factor---Accused was also suffering from Hapatitis `C'- which disease apart from being life threatening was contagious as well and could spread such disease amongst the other inmates of the jail, who were crowded in' barracks, as stated by the Chief Medical Officer of the jail concerned---Accused was admitted to bail on medical ground alone in circumstances. Munawar Hussain Manj v. State 2000 SCMR 1585; Gul Zaman v. State 1999 SCMR 1271; Manzoor Ahmed Watto v. State 2000 SCMR 107; Zakhim Khan Masood v. State 1998 SCMR 1065 and Muhammad Yousafullah Khan v. State PLD 1995 SC 58 ref. Ghulam Raza v. Khuda Bux 2005 SCMR 1904 and Muhammad Asghar Mughal v. State. PLD 2006 Kar. 244 distinguished. (d) Criminal Procedure Code (V of 1898)--- ---Ss.…

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