MUHAMMAD ASLAM Versus MUHAMMAD IQBAL

ORDER

1. Muhammad Aslam petitioner has moved this petition for cancellation of bail allowed to Muhammad Iqbal respondent by the learned Sessions Judge, Faisalabad. On medical ground, in a case registered against him and others under section 302/34, P.P.C.

2. The order of the learned Sessions Judge shows that the respondent was examined by the Medical Superintendent and his report was that he has "a high hectic temperature. It shoots up to 104 F on every alternate day. He has lost weight and general health. He is growing weaker and weaker day by day. The liver is slightly enlarged but tender. ESR is high. There is trace of albumin in urine with granular casts and pus cells".

2. The learned counsel submits that the respondent was allowed bail on 17th April, 1983 and on the very next day he left the hospital. Thereupon the petitioner moved an application for the cancellation of bail in the Sessions Court but the same was dismissed without considering the request of the petitioner for constituting a Medical Board. Thereafter, the petitioner made an application to the Ilaqa Magistrate for obtaining a copy of the Discharge-Certificate of the respondent, upon which the Registrar, Surgical Unit-III, DHQ Hospital, Faisalabad, made a report that the respondent had left the Ward against medical advice on 9-8-1983 and no Discharge-slip was issued to him The learned counsel submits that the respondent is not suffering from any serious ailment.

3. The report of the Medical Superintendent shows that the respondent is a sick person. Even the report, dated 20-8-1983 of the Registrar, Surgical Unit-III, DHQ Hospital, Faisalabad, on the reverse of the Annex 'F' shows that on 8-8-1983 the respondent was running temperature at 101 F and he was suffering from typhoid and residual infection in urinary tract. In the circumstances, I do not consider it a fit case for the cancellation of bail. The petition is dismissed in limine.

4. S.G.D. Bail maintained.