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Criminal Bail Application No.160 of 1983, decided on 27th March, 1983.
---S. 497‑‑Penal Code (XLV of 1860), S.307‑‑Bail, grant of‑‑parties inimical and rent cases pending between them‑‑Initially only one injury on stomach mentioned in medical report but in supplementary medical certificate two incised wounds were noted‑‑Discrepancy and inconsistency in medical certificate require further inquiry‑‑Bail allowed, in circum stances.
Raja Qureshi for Appellants.
A. A. Muhammadally, Asstt. A.‑G. for the State.
Aijaz Hussain Rizvi for the Complainant.
Date of hearing: 27th March, 1983.
This is a bail application filed by applicants Muhammad Akhalque and Abdul Rauf. The incident took place on 14‑10‑1982 at about 4‑00 p.m. and the F.I.R. was filed by Muhammad Nawab injured/complainant at Preedy Poilce Station under section 307, P.P.C. Following is the gist of the F.I.R.:‑
"I am owner of Ghausia Hotel at Saddar. Ashfaq Ahmed and his son Akhlaq Ahmad have a shop adjacent to my hotel. Today, at about 15‑00 hours, I was going to leave my children to the house. I stopped my car opposite Empress Market near National Bank of Pakistan. As soon as 1 reached near my car, Ashfaq Ahmed, Akhlaq Ahmad alongwith two other persons came, they had Chhuris and knives‑in their hands. They stopped me and Ashfaq Ahmad told his son and other companions not to leave me and kill me. Upon this, they attacked me with Chhuris and knives. Knife of Akhlaq Ahmad struck on my stomach and the knives and Chhuris of other struck me on my arm. I was injure' and fell down. This incident was witnessed by Abdul Razzak, Hassan and others. People collected there and the accused persons ran away flashing their knives and Chhuris, I was brought to Jinnah Hospital by one Umer owner of Sartaj Hotel. My complaint is against above named persons who due to old enmity have injured me in order to commit murder."
The bail application is argued on behalf of the two applicants by Mr. Raja Qureshi, Mr. A. A. Muhammadally, A. A.‑G. is present and has no objection to the grant of bail. Mr. Aijaz Hussain Rizvi, Advocate for the complainant has also argued the matter before me. It has been argued and urged by the learned counsel for the applicants that the name of Abdul Rauf is not mentioned in the F.I.R. It is alleged in the F.I.R. that the injury on the stomach is caused by Akhlaq Ahmed. The rest of the injuries are caused by other persons whose names are not given in the F.I.R. The medical certificate is before me. The injury No.1 is an incised wound x x C.D. right Hypocondrium. The rest of the injuries which are seven in number are on different parts of the body namely, forearm, wrist, elbow, etc. Then subsequently a supplementary certificate was issued by the same Medical Officer on 24‑2‑1983, which shows two incised wounds on anterior perietal peritonium on the left (1) 2" x 1" near mid line, (2) 3" x 1" about 4" away from mid line in epigastric region. Blood mopped out from peritoneal cavity, a big nest found in one omentum and large size vessels were bleeding. Sub‑serious hamatoma found and incised wound sero muscular deep found in the injury. Rest of all viscera found normal. Hence nature of injury No.1 was declared dangerous to life.
It has been pointed out that initially only injury No.1. on the stomach was caused and that was found x x. cavity deep. Subsequently another medical certificate is issued as late as on 24‑2‑198'3 wherein two incised wounds are noted instead of one. This discrepancy, and inconsistency requires further inquiry. Apart from this the learned counsel has pointed out that there is dispute in between the complainant and Muhammad Akhlaq applicant and rent cases are pending between the parties. I have also heard Mr. Aijaz Hussain Rizvi, learned counsel for the complainant who has pointed out the supplementary certificate which carries two incised wounds on the stomach and not one as is noted down by an earlier examination by the Medical Officer.
Under the circumstances I grant bail to both the applicants. Each one of the applicant shall furnish solvent surety in the sum of Rs.25,000 and P.R. Bond in the like amount to the satisfaction of the of this Court.
S. G. D. Bail granted.
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