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Criminal Miscellaneous No.2052/B of 1986, decided on 3rd August, 1986.
‑‑S.497‑‑Penal Code (XLV of 1860), S.326‑‑Pre‑arrest bail, grant of‑ Case originally registered under S.324, P.P.C.‑‑No evidence to show injured thumb having lost functioning as alleged‑‑Injury declared grievous after discussion with Surgeon Medico‑Legal‑‑Written opinion of Surgeon Medico‑Legal not obtained‑‑No reason given for declaring injury ass grievous‑‑Question whether injury was grievous or not, held, needed further, inquiry, bail confirmed in circumstances.
Kh. Mahmood Ahmad for Petitioner.
Rana Maqbool Ahmed Khan for the Complainant.
Mehar Khan Muhammad for the State.
This is a petition on behalf of Muhammad Hafiz for the grant of pre‑arrest bail in a case registered against him under section 326, P.P.C. The petitioner is stated to have caused an injury with Chhuri on the right thumb of Muhammad Nawaz complainant. The doctor noted in the Medico‑legal report that the injury was caused with a sharp‑edged weapon which was kept under observation whereupon F.I.R., was, initially registered under section 324, P.P.C. It appears that the petitioner was arrested and was bailed out by the Illaqa Magistrate on 17‑6‑1986. Later the Surgical Specialist of Mayo Hospital upon a query made by the police declared on 23‑6‑1986 that there was no evidence to show that as a result of the injury Muhammad Nawaz's thumb had lost functioning. However, about a week later Dr. Mushtaq Ahmad, Medical officer jotted down his note on the Medico‑legal Report on 30‑6‑1986 to the following effect:‑
"Case discussed with Surgeon, Medico‑legal, Punjab, Lahore. Injury No.1 is declared grievous."
At this, section 326, P.P.C was added and steps taken to arrest petitioner hence this application. Obviously the opinion of the Surgeon, Medico‑legal, Punjab has not been obtained in writing nor does the above report disclose any reason for declaring this injury as grievous. Be that as it may, it needs further inquiry as to whether or not the injury suffered by Muhammad Nawaz is at all grievous in nature. In the circumstances, interim pre‑arrest bail earlier granted to the petitioner is hereby confirmed.
S. A.
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