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Criminal Bail Application No. 833 of 1984, decided on 29th August, 1984.
---S. 497--Penal Code (XLV of 1860), Ss. 307 & 324--Bail, grant of- Victim suffering two incised wounds, one on fore-arm already declared simple while final certificate to nature of second wound on back of chest yet to be determined--Since none of injuries on vital part of injured it was, held, a matter of further inquiry as to whether applicant intended to commit murder and for present at most a case under S. 324, P.P.C. made out--Petitioner allowed bail, in circumstances.
Sardar Muhammad Ishaq for Applicant.
A.A. Muhammad alley, A.A.-G. for the State.
A case under section 307, P.P.C. has been registered against the applicant, against whom the allegation is that he had attacked Naushad Khan with a knife and caused him two incised wounds. He had applied for bail but his application for bail was dismissed by Sessions Judge, Karachi.
2. The medical report shows that the injured had received one incised wound on the back of chest and another on fore-arm. The injury on fore-arm was declared to be simple. The nature of the other injury was reserved as the injured was sent for X-Ray. Although more than three weeks have passed, but no final certificate as to nature of the first injury has been determined. As none of the injuries is on the vital part of the injured, hence it is a matter of further inquiry whether the applicant intended to commit murder.
3. Learned counsel for the applicant states that the injured had remained in the hospital for one day only and then discharged. Mr. 1A A.A. Muhammad ally is not able to controvert this statement. Prima facie it would appear that the offence, if at all committed by the applicant, would fall under section 324, P.P.C.
The bail application is, therefore, allowed. The applicant shall be released on furnishing surety in the amount of Rs. 10,000 and P.R. in like amount to the satisfaction of Sessions Judge, Karachi.
It may be observed that after receipt of the final report of the Doctor if it transpires that the injury on the back of chest is grievous in nature, the Sessions Judge shall be at liberty to consider whether the bail granted by this Court should be cancelled.
S. G. D. Bail granted.
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