1987 PLP 997 (MLD)

S. 497--Bail--Final medical certificate giving no reasons why particular injury in question had been described as grievous and as such whether said injury could be treated as grievous or not requiring further inquiry--Bail granted. Ameer Ahmad Khan for Applicant. T. Memon, A.A.-G. for the State. The learned Advocate for the applicant submitted, that the final Medical Certificate does not give reasons for declaring injury in question as grievous and since the injured remained in Hospital only--for 9 days, the question whether the offence committed by the appellant would fall under section 307 or 326, P.P.C., or under section 324, P.P.C. would require further enquiry at the stage of trial and as such this is a fit case for grant of Bail. In support of this contention, the learned Advocate for the appellant has relied upon unreported judgment of my brother Mr. Sajjad Ali Shah, J. in a Criminal Bail application No. 341/79, the photo, copy of which he teas produced before me to day. The learned A. A.-G. appearing for the State at .the outset' submitted, that the final Medical Certificate is such, that the offence committed by the applicant whether it would fall under section 307/ 326, P. P. C., would require further enquiry at the stage of trial, as . admittedly injured 'did not remain in hospital for more than 9 days and as such he has no objection to grant of the above application. I have carefully considered the above submissions made by the learned Advocates before me and have gone through the F.I.R. as well as the final Medical Certificate and the order, dated 12-5-1979 of my brother Mr. Sajjad Ali Shah, J. in Criminal Bail Application No. 341/79. The final Medical Certificate does not give reasons why, the particular injury in question has been described as grievous and as such whether the said injury could be treated as grievous or not in view of the requirements of section 320, P.P.C., will have to be decided by the learned trial Court, keeping in view the evidence of the Dr., who issued the said certificate. In view of this case against applicant would require further enquiry at the stage of trial tinder section 497(2), Cr.P.C. Therefore, I allow the above application and direct, that applicant be released on bail on his furnishing surety in the sum of Rs.3,000 with the P.R. bond in the like amount, to the satisfaction of the learned trial Court. It will be open to the learned trial Court after recording of the statement of the Medical Officer, if such evidence establishes that the injury in question was in fact grievous injury within the meaning of section 320, P.P.C., to cancel the bail granted to the applicant. M. Y. H. Bail granted.