2008 PLP 866 (MLD)

ALI SAIN DINO MELTO, J.

Heard learned counsel for the applicant and the learned State counsel. The latter has opposed bail. According to the prosecution, on 6-6-2006, at about 8-30 hours, applicant Morrison Bhatti, subjected his wife Shaleen Rossana Oliver to domestic violence in his house situated in Drig Road, Cant Bazar, Karachi. She was working as Manager Nursing, in Liaquat National Hospital, Karachi. On the day of incident, she proceeded for duty and as soon as she came out from her house the applicant pushed her back into the house, bolted the door from inside, and started giving her blows with an iron bar on head and other parts of the body, as a result of which she fell down and started bleeding. He then took a pair of scissors and cut off tip of her nose. She was rushed to Liaquat National Hospital and after giving her first aid she was referred to Jinnah Post-Graduate Medical Centre, Karachi. The matter was reported to police by her brother Salman William on the same day at 1710 hours. Learned counsel for the applicant contends that out of the six wounds suffered by the victim on her eye, head and nose, the injuries at serials Nos. 2 and 4 have been declared as "Shajjah-e-Mediha", while final opinion regarding injury on the left eye mentioned at serial No.1 of the certificate has not been given as yet. Surprisingly, the nose injury has been declared as "Shajjah-e-Khafifah", supposedly for the reason that there was no fracture of any bone. This seems to be due to lack of legal knowledge. In the F.I.R. also section 334 of the Pakistan Penal Code, 1860 (P.P.C.) has been incorrectly applied. The correct section applicable in the case will be 336, P.P.C. Cutting of nose, even a part of it, clearly causes permanent disfigurement which according to section 335, P.P.C. comes within the purview of "Itlaf-i-Udw" and the offence is punishable under section 336, P.P.C., inter alia, with imprisonment upto 10 years. The Court while considering the question of bail in the case like the present one, cannot ignore the increasing tendency of domestic violence in our society. The violence committed by the applicant is also a worst type of domestic violence. Moreover, most of the witnesses, including the victim, have already been examined and the case is near completion. For all these reasons, the case is not fit for the grant of bail. Accordingly, the application is dismissed. N.H.Q./M-18/K Bail refused.