(1.) THIS is an application by Miraj-ud-Din the accused through his counsel for enlarging him on bail. The petitioner accused along with another accused namely Abdul Rashid stand charged under Section 302, R. P. C. and both are undergoing trial in the court of the Addl. Sessions Judge, Srinagar. Abdul Rashid has already been released on bail whereas the prayer made by the petitioner in this behalf was not granted by the High Court. Later on, the said accused made another application for bail before the Addl. Sessions Judge on the ground that he was ill and should be released on bail so that he could get himself treated in the Hospital or elsewhere. The learned Addl. Sessions Judge after recording the statement of the Medical Officer Central Jail, Srinagar, rejected this application. The petitioner has now moved this Court under Section 498, Cr. P. C.
(2.) I have heard Shri J. L. Chowdhary appearing on behalf of the petitioner and also Mr. M. L. Qureshi appearing on behalf of the State.
(3.) THE main ground on which the bail is sought in the ease is that the petitioner has suffered an attack of acute catarrhal bronchitis and has developed chest trouble. He was examined by a physician specialist and his health is suffering deterioration day by day in the Jail. There are no adequate facilities available in the Central Jail for the accused.