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Criminal Miscellaneous No. 3199-B of 1982, decided on 19th. January 1983,

--- S. 497-Penal Code (XLV of 1860), S. 326-Bail, grant of-Peti tioner charged for an offence under S. 326, P. P. C. for having caused six injuries to victim of assault-Only one injury declared as grievous which opinion was also tentative and given subject to final decision by X-ray report-No mention of X-Ray report however, made in list of documents annexed with report submitted under S. 173, Cr. P. C.-Held: A case of further enquiry, in circum. stances-Petitioner allowed bail.

Ali Ahmad Awan for Petitioner.

Asima Jehangir for the State.

Learned counsel for the petitioner has placed on record certified copy of the medico-legal report and certified copy of the report under sec tion 173, Cr. P. C.

2. The petitioner needs bail in case F. I. R. No. 291, dated 25th July, 1982 of Police Station, Jaranwala, registered on the statement of Muhammad Yousaf, for an occurrence which took place at 2.30 p. m, the same day under section 326, P. P. C.

3. Briefly the allegations are that the petitioner entered the shop of Malik Muhammad Ramzan and assaulted Muhammad Ashiq P. W. and caused him injuries with a knife and when the P. Ws. intervened, the petitioner gave him some kicks on his back. The motive for the occurrence was that a sister of the petitioner was abducted by Muhammad Ashiq, who was later on returned under the influence of Punchayat. However, the petitioner, according to the prosecution, continued bearing grudge against Muhammad Asbiq.

4. Muhammad Ashiq suffered six injuries, of which two with blunt weapon and the rest with sharp-edged weapon. One injury on the elbow joint was declared grievous. The doctor had observed that this was being done subject to X-ray.

5. Learned counsel for the petitioner has contended that no X-ray was performed at all and, therefore, it is doubtful that the opinion of the doctor is conclusive. He has further contended that the petitioner is in jail since about six months and the statement of not a single witness has been recorded by the trial Court.

6. Learned counsel for the State has controverted the argument of the learned counsel for the petitioner and submitted that the offence falls with in the prohibitory clause and that the petitioner had a strong motive, there. fore, he is not entitled to the grant of bail.

7. I have gone through the medico-legal report and have considered the arguments of the learned counsel for the parties. Only one injury was declared grievous, which was also done subject to final decision by X-ray report, which, according to the statement of the learned counsel for the petitioner, was never done. Moreover, no mention of X-ray report has been made in the list of documents annexed with the report under sec tion 173, Cr. P. C. In these circumstances, I feel that a case of further in quiry is made out.

8. For the reasons enumerated above, the petitioner is admitted to bail provided he furnishes a bail bond in the sum of Rs. 10,000 with one surety in the like amount, to the satisfaction of the Assistant Commissioner/ Trial Court. Jaranwala.

9. Copy dasti on payment of usual charges.

S.G.D. Bail granted.

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