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Criminal Miscellaneous No.1042/B of 1984, decided on 15th October, 1984.

---S.497--Bail grant of--Accused granted bail in a case registered against him under S.308/365/506, P.P.C.. subsequently re-arrested upon conversion of S.308 into S.307 , P. P. C.--Injury attributed to accused remained grievous before and after medico-legal examination--Question whether offence fell under S.307, P.P.C. land whether or not injury was dangerous to life and inflicted with intention to cause death required consideration--Case of accused that of further inquiry, bail granted in circumstances.

Bashir Ahmad etc. v. The State 1983 P Cr. L J 2191 ref.

Asif Saeed Khosa and Islam Ali Qureshi for Petitioner.

Rana Taj Mahmood for the State.

Date of hearing: 15th October, 1984.

A case under section 308/365/506, P.P.C. was registered against the petitioner on 10-3-1984. The petitioner was allowed bail on 17-3-1984 by the Magistrate First Class but the petitioner was arrested on 29-7-1984 as section 308 was converted to section 307, P.P.C. After the arrest, the petitioner moved the learned Magistrate for bail but bail was not allowed. The petitioner also remained unsuccessful before the learned Sessions Judge, Dera Ghazi Khan as the bail application was dismissed vide order, dated 27-8-1984.

2. Learned counsel for the petitioner submits that with the substitution of the offence the petitioner could not be arrested without setting aside the order of bail. It is further submitted that at the time of grant of bail the injury had been described already as grievous and after receipt of the li-Ray report the said injury remained a grievous injury. Nowhere it was opined that the said injury was dangerous to life. It is contended that in these circumstances the question whether the offence falls under section 307, P.P.C. requires consideration. Reference has been made to Bashir Ahmad etc. v. The State 1983 P.Cr.L J 2191 and Abdus Sattar v. The' State N L R 1982 (Cr.L.J.) 472.

3. It is true that the blow given was at the head of the victim. The injury found 1;: grievous one, but ft s till has to be seen whether it was dangerous to life or whether in the circumstances of the case the petitioner had the intention to cause death. The petitioner is successful in making out a case of further inquiry. 1, therefore, grant this petition and direct that the petitioner be released on bail on his furnishing bail bonds in the sum of Rs.10,000 (Rupees ten thousand) with one surety in the like amount to the satisfaction of the A.C. Dera Ghazi Khan.

S. G. D.

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