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Criminal Miscellaneous No. 43 of 1986, decided on 19th May, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.326‑‑Bail, grant of‑‑Injury on head with axe‑‑Injury declared grievous by doctor‑‑Doctor not saying whether injury was dangerous to life or not‑‑Case, held, was of further inquiry and bail was granted in circumstances.
Muhammad Ahmad Malik for Petitioner.
Nazir Ahmad A.A.‑G. for the State.
Muhammad Tariq Khan for the Complainant.
Date of hearing: 19th May, 1986.
Azizur‑Rehman petitioner is charged under section 326, P.P.C. for causing grievous injury to Mst. Salima Jan complainant. According to the medical report the complainant sustained injury with an axe which was an incised wound 2" x " x 1/3" in the middle of her head. The underlying bone has been cut by the weapon used. In support of the bail application it is contended that the aforesaid injury is not covered by the definition of 'grievous hurt' as given in section 320, P.P.C. and, therefore, section 326 was, not applicable. Ii is also contended that the complainant remained in the hospital for 12 days and thereafter discharged as cured. On behalf of the State it is contended that the injury could rightly be termed as grievous hurt for the reason that it was dangerous to life because a blow was given with full force on the head of victim with an axe and hence the petitioner would not be entitled to the concession of bail. No doubt the blow was given at the head of the victim and the injury is described by the doctor as grievous but it is still to be seen whether it was dangerous to life because the doctor has not said so in his medical report.
2. In the circumstances it appears to be a case of further inquiry. Therefore, without prejudice to the decision of the case on merits, the petitioner is allowed bail in the sutra of Rs.30,000 with two sureties in the like amount to the satisfaction of Ilaqa/Duty Magistrate.
S.A. Appeal accepted.
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