Cr. ZAKHIM KHAN MASOOD vs THE STATE

ORDER

1. ' RAJA AFRASIAB KHAN, J.---On 9-4-1997 at 3-00 p.m., on the information of Muhammad Mohsin Khan, Director-General Audit, Defence Services, a case under sections 409/468/471/477-A/109, P.P.C., read with section 5 of the Prevention of Corruption Act, 1947 was registered with Police Station No,7, Assets Branch, F.I.A., Rawalpindi .For having misappropriated public funds during the period from 1991 to 1995 in the Office of G.E. (Army) East and G.E.(Army), West, Rawalpindi. On merits, bail application of the petitioner was dismissed by the High Court on 24-7-1997. The High Court was moved by the petitioner for his release on bail on ground of illness. This application was dismissed by the High Court vide impugned order dated 16-12-1997. This petition for leave to appeal has been instituted against the impugned order dated 16-12-1997.

2. We have heard the learned counsel for the petitioner and the learned Deputy Attorney-General at some length. Record of the case has also been read by us. The contention of the learned counsel is that the petitioner is sick and infirm within the meaning of section 497, Cr.P.C. He has, therefore, earned his right to be released on bail on the aforesaid ground. To support the plea, learned counsel has relied upon the medical report which has been sent in compliance with order of this Court dated 4-3-1998. The report is as follows:-- "It is submitted that reports of Exercise Tolerance Test done in AFIC/NIHD, Rawalpindi and Thallium scan done in AFIP, Rawalpindi in respect of Mr.Zakhim Khan Mahsood who is admitted in this Institute suggest Ischaemic Heart Disease. The coronary angioraphy studies are being completed.

2. ' It is further submitted that the contained detention of Mr.Zakhim Khan Mahsood a patient of Ischaemic Heart Disease is likely to have adverse hazardous effects on his life because stress and strain can aggravate his disease condition."

3. It has been observed by the doctor in the above report that the ailment with which the petitioner is suffering, is likely to have hazardous effects on his life because stress and strain may aggravate his disease. The petitioner is, undoubtedly, sick and as such, needs treatment in conducive conditions free from any kind of pressure. In custody, it cannot be said that the petitioner shall have full peace of mind. His recovery from ailment shall, surely, be slow if he remains in detention. We are, therefore, satisfied to observe that the petitioner's life may seriously be to danger if he is not released on bail. In this view of the matter, the petitioner is admitted to bail in the sum of Rs,5,00,00,000 (rupees five crore) with two sureties of 2 and a half crore each to the satisfaction of the trial Court. On 20-3-1998, the petitioner was released on bail on the basis of our short order.

4. These are the reasons in support of the said order.