ABDUL RAZZAQ Versus STATE

ORDER

1. Petitioner, Lal Din, seeks suspension of sentence. He was convicted and sentenced to imprisonment for life by Additional Sessions Judge, Toba Tek Singly on 21-9-1992, for an offence under section 302/148/149, P.P.C. The only ground taken in the application for suspension of sentence was infirmity. Superintendent, Central Jail, Faisalabad, was directed to have the petitioner examined from a Medical Board and submit report of the Board. Report has been received and perused. According to the report of board which consisted of Professor Dr. SA. Zaidi, Professor of Medicine, with two other Members, Dr. Abdul Hafeez, Assistant Professor and Dr. Iftikhar Rasool, Assistant Professor. Board was of the opinion that petitioner "was severely short of breath on mild exertion, looks pale and swelling of ankles. On systemic examination he has raised juglar venous pressure upto angle of mandible, displaced and having apical impulse, Gallop sound indicative of left ventricle dysfunction and tricuspid regurgigation indicative of pulmonary hypertension. He was wheezing in his chest, mildly enlarged and tender liver as well. The Board was of further opinion that petitioner was very ill and required immediate hospitalisation to stabilize the Cardiovascular status. Board further opined that even so his future prognosis of his disease is dismal".

2. A perusal of the report certainly indicates that the petitioner is seriously ill and cannot be treated in jail. Therefore, we accept the petition and suspend the conviction and sentence of the petitioner, provided he furnishes security in the sum of Rs.l lac (one lac only) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Toba Tek Singh.

3. N.H.Q./L-70/L Sentence suspended.