MIR AKBAR Versus STATE

ORDER

1. MUHAMMAD AFZAL ZULLAH, J. ‑ ‑Interim bail was allowed to the petitioner on ground of illness (heart ailment) by one of our learned brothers in chambers.

2. Learned counsel for the petitioner has reiterated the arguments which prevailed earlier for passing the interim order. Learned counsel for the State has opposed the petition mainly on the ground that the petitioner does not suffer such heart ailment which cannot be treated in jail hospital.

3. We have noticed from the medical certificate that Dr. Sahibzada Waheed Ahmad, Cardiologist, PGMI Lady Reading Hospital, Peshawar, was also of the view that the petitioner needed medication prescribed by him; and further hat he should "avoid strenuous exercise because of his heart condition".

4. It might be hazardous for the petitioner, if we express any opinion with regard to the state of his health or the nature of the ailment. However, much can be said about both. Therefore, in the peculiar circumstances of this case, we would like the petitioner to be treated by the same doctor for his heart ailment by admitting him on his bed, in the hospital. Mr. K.G. Sabir, the learned Government Advocate, appearing on behalf of the Advocate‑General, has undertaken to get the petitioner admitted in the hospital, . as. directed above, of course, through the Advocate‑General.

5. Dr. Sahibzada Waheed Ahmad or his successor would give the normal care and treatment to the petitioner.

6. When he feels that no more treatment to the petitioner is necessary as and indoor patient and he is thus to be discharged from the hospital, the interim bail period granted by this Court would be then, deemed to have ended/expired, Accordingly, while converting this petition into an appeal, we partly allow the same and extend the interim bail order dated 3‑9‑1988 till the day the petitioner is A discharged from the hospital, as directed above.

7. Before closing this order, it might be observed that if the petitioner would not have been involved in a murder case which is punishable with death or imprisonment for life or otherwise on merits, it might have been a marginal case, the orders might have been different.

8. MA.K./M‑644/S Order accordingly.