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Criminal Miscellaneous No. 2240‑B of 1981, decided on 23rd August, 1981.
‑‑ S. 497(2) and Penal Code (XLV of 1860), S. 320 ‑‑ Question whether injury caused can be termed grievous injury or not needing further enquiry bail allowed.
Malik Sikandar Hayat for Petitioner.
Mohammad Shahnawaz for the State.
Date of hearing : 23rd August, 1981.
This is an application for bail on behalf of Muhammad Aslam in a case under section 307/326/324, P. P. C. registered at Police Station North Cantt., Lahore Cantonment vide F. I. R. No. 2 dated 4th January, 1981.
2. The allegations against the petitioner are that he on 4th January, 1981 at about 12.00 noon threw acid' on the person of Sabeel Khan complainant and thereby caused injuries on his head and face, within the area of Jaura Pul Alfaisal Town, Lahore Cantonment.
3. Learned counsel for the petitioner submits that the petitioner was arrested on 24th January, 1981 and the trial has not concluded yet. He further submits that injury found on the person of the complainant does not fall within the purview of grievous hurt' as contemplated by section 320, P. P. C.
As against this, learned counsel for the State had opposed the applica tion. He submits that the injury allegedly caused by the petitioner to the complainant could prove dangerous to life.
Sabeel Khan, the complainant, is present in Court. I do not find any disfiguration of face on his person.
4. After hearing learned counsel for the parties, I am of the opinion that the question whether the injury found on the person of the complainant can be termed as grievous injury within the meaning of section 320, P. P. C. or not needs further enquiry. The petitioner who is in the jail since 24th January, 1981, is allowed bail to the sum of Rs. 10,000 (rupees ten thousand) with one surety in the like amount to the satisfaction of Illaqa Magistrate, Lahore Cantt.
Bail granted.
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