ORDER  SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-206 of 2018

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Date                         Order with signature of Judge

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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