ORDER SHEET
IN THE HIGH
COURT OF SINDH,
C.P. No.D-206 of
2018
________________________________________________________
Date
Order with
signature of Judge
________________________________________________________
19.06.2018
M/s. Amir Mansoob Qureshi and M. Rehman Ghous advocate for petitioner.
Mr. Muhammad Altaf, Special Prosecutor NAB.
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MUHAMMAD
KARIM KHAN AGHA Petitioner Sagheer Ahmed has been arrayed in
Reference No.14 of 2017, which is currently proceeding before the Accountability
Court in Karachi concerning the illegal exchange of land in Karachi. Initially the
petitioner had applied for pre-arrest bail, however the same was dismissed by
this Court vide order dated 23.12.2017 (available at page-49 alongwith Memo of
Petition) and the petitioner was taken into custody and is presently confined
in Central Prison, Karachi. He has now moved this post arrest bail petition on
medical grounds only.
2. Learned counsel for the petitioner has submitted that the
petitioner is entitled to bail on medical grounds as he is seriously ill and
has referred to a number of medical reports in this regard.
3. Learned Special Prosecutor NAB when confronted with the
medical reports did not object to the grant of bail to the petitioner on
medical grounds.
4. We have heard the parties, perused the
record and considered the relevant case laws.
5. Numerous Supreme Court authorities such
as Malik Muhammad Yousafullah Khan Vs. State (PLD 1995
SC 58) have set out that medical bail may be granted based on the particular
facts and circumstances of the case. However, the main considerations are
that:-
“i) Whether the
sickness or ailment with which the petitioner is suffering is such that it
cannot be treated or cured inside the jail premises hospital and
ii) Whether the petitioner’s continuous
detention in jail is likely to affect his capacity or is hazardous to his life.
6. Based on medical report dated
27.02.2018 constituted to examine the condition of the petitioner we found that
he was suffering from serious cardiac issues. This report however, required
further clarification to see whether the petitioner’s medical condition met the
legal requirement for the grant of medical bail as mentioned above. Accordingly
the medical board was reconstituted with the same members and by medical report
dated 19.03.2018 opined as follows:-
“i. The sickness of the patient cannot be
treated or cured inside the jail premises Hospital.
ii.
The
petitioners’ continuous detention in jail has possible risk to his life.”
7. After considering the medical reports
alongwith no objection by the NAB, we are of the view that the petitioner
Sagheer Ahmed has met the legal requirements for grant of medical bail based on
his medial reports. Accordingly, he is granted bail on medical grounds subject
to furnishing solvent surety in the sum of Rs.1,000,000/-
(Rupees One Million only) and P.R. Bond in the like amount to the satisfaction of
the Nazir of this Court. His name shall also be placed on the ECL and he shall
ensure his attendance on each and every date of the trial proceedings so that
the trial is not delayed on his account. In the event he fails to do so, the
NAB shall be at liberty to apply to recall this order. A Copy of this order shall be sent to Ministry
of Interior, Government of Pakistan for placing the name of the petitioner
Sagheer Ahmed on ECL. It should be noted that due to the petitioner’s severe
ailment and fact that there are eighteen (18) other bail petitions pending
which will take some time to dispose of, we have in the interest of justice
taken the exceptional step of dealing with this medical bail petition
separately which shall not be used as a precedent in any other NAB cases where
petitions for medical bail are clubbed with other petitions for bail arising
out of the same reference.
8. Instant petition stands disposed of in
the above terms.
JUDGE
JUDGE