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Criminal Bail Application No.80 of 1985, heard on 19th February, 1985.

‑‑‑S.497‑‑Penal Code (XLV of 1860), Ss.307 & 335‑‑Bail, grant of‑ Accused husband giving hatchet injury on back of his wife's right shoulder under grave and sudden provocation‑‑Injury certified to be grievous in nature‑‑Injury falling within ambit of S.335, P.P.C. for which maximum punishment prescribed was 4 years‑‑Accused submitting affidavit regarding patch up between parties‑‑Bail granted in order to maintain peaceful relations between husband (accused) and wife (complainant).

S.H. Rehman Baksh for Applicant.

Sarfraz Ahmed, A.A.‑G. for the State.

The accused is said to be facing trial under section 307, P.P.C. The allegation against him is that he gave hatchet blow to his wife, Mst. Samani on provocation, as he saw one Dilawar Laghari passing by the cotton cultivation where she was picking cotton pods. On being questioned about the said Dilawar she could not give satisfactory reply to the accused. According to medical evidence Mst. Samani had hatchet injury on the back of her shoulder. The injury is certified to be grievious in nature.

The learned counsel for the applicant stated that the husband and wife have already patched up, which is clear from the affidavits sworn by the eye‑witnesses including the injured lady. It was pointed out by the learned A.A.‑G. that grievious hurt caused under provocation falls under section 335, P.P.C. for which maximum punishment is four years. The learned A.A.‑G. has, therefore, no objection if bail is granted.

In order maintain peaceful relations between the husband and wife I would allow bail to the applicant for above reasons. The bail bond to be executed by the applicant will be in the sum of Rs.15,000 and P.R. of the same amount to the satisfaction of the trial Court.

M.A.K.

Bail granted.

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