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Criminal Miscellaneous No. 691‑B of 1985, decided on 22ndApril, 1985.
‑‑‑S. 497/498‑‑Penal Code (XLV of 1860), S. 307/34‑‑Bail‑‑Contention of accused that injured had not suffered a serious injury on vital part like head, prima facie carrying much substance‑‑Delay in medical examination, registration of case and non‑availability of prosecution witness for purpose of re‑examination by a medical board representing an unsatisfactory aspect of prosecution case‑‑Interim bail confirmed in circumstances.
Dr. Khalid Ranjha and Hasnaat Ahmad for Petitioner.
Muhammad Rafiq for the State.
Hamad Shafi petitioner has moved this petition for pre‑arrest bail in a case registered against him and two others under section 307/34, P.P.C.
2. The prosecution version is that on 26‑2‑1985 at 7‑30 p.m. co‑accused Ghulam Shabbir and Khalid overpowered Sabir Ali P.W. and Hamad Shafi petitioner gave him a blow with hockey‑stick hitting his head.
The injured was medically examined on 2‑3‑1985. The injury was kept under observation but subsequently declared dangerous to life. The case was registered on 5‑3‑1985 on the report of Nazar Ali, father of the injured P.W.
3. The learned counsel for the petitioner contends that there is a delay of five days in the medical examination and seven days in the registration of the case for which no reasonable explanation has been offered. It is further submitted that the injured P.W. is avoiding re -examination by a medical board despite the order of the Magistrate. The learned State counsel has opposed the prayer for bail.
4. I have gone through the relevant material. According to the F.I.R. the occurrence took place on 26thFebruary, 1985 at 7‑30 p.m. in Jinnah Hall, Sargodha. Sabir Ali injured P.W. was medically examined on 2‑3‑1985 and the F.I.R. was lodged on 5‑3‑1985. Prima facie there is much substance in the contention that if Sabir Ali P.W. had suffered a serious injury on a vital part like head, he would have been taken to the hospital immediately. The delay in medical examination and registration of case represents an unsatisfactory aspect of the prosecution case. Judicial Magistrate Section 30, Sargodha, had, by his order, dated 9‑3‑1985, directed the S.H.O., P.S. Sargodha City, to get the injured re‑examined by a medical board but he is not available. The A.S.I. states that despite efforts he could not be found anywhere. Zimni, dated 12‑4‑1985 shows that two Chaukidars of the National Centre, Jinnah Hall, Sargodha, had stated that there was verbal altercation between Sabir Ali P.W. and the accused in Jinnah Hall, but nobody injured him with hockey‑stick. Keeping in view all the circumstances of the case, particularly the delay in the medical examination and the registration of the case and non‑availability of Sabir Ali P.W. for the purpose of re‑examination by a medical board, I feel inclined to the view that a case for the enlargement of the petitioner is made out. The interim bail already allowed to him is, therefore, confirmed.
M. Y. H.
Interim bail confirmed.
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