1989 Peshawar 31 (PLP)

A. Qayum Sarwar for Petitioners. Amjad Zia O.S. D. for the State. Date of hearing: 19th October, 1988. Abdul Qadir and Jan Bahadur petitioners are charged for an offence under section 326/34, P.P. C. for causing grievous injuries to Hussan Ara and her husband Ghulam Qadir complainant. According to the medical report a stab wound on the lateral aspect of left upper arm 1" x 1 " deep was sustained by complainant with sharp edged weapon and other incised wound 1" x " skin deep on the upper right face near the lateral side of right eye and a third incised wound 1" x 1 " skin deep on the frontal side of head. These injuries were declared simple, except, injury No. 1 which was referred to eye specialist for his specialised opinion. The learned counsel for the petitioners has produced a certificate showing that the complainant has been discharged on the following day of the occurrence. Mst. Hussan Ara is shown to have sustained a stab wound deep size 1" x " on the lateral aspect of the right side of chest.

2. The learned counsel for the petitioners submits that even this injury has later on been declared to be simple.

3. The learned counsel for the petitioners contends that the accused‑petitioners have been charged by the complainant with a view to counter‑act the cross‑case F.I.R. Annexure 'F', wherein Jan Bahadur petitioner No. 2 has also sustained a simple injury with blunt means on head and the back. He further submits that the grievous injury sustained by the complainant has been attributed to Niaz Qadir, who has since been admitted to bail by the learned Additional Sessions Judge and insofar as the petitioners are concerned, they have been attributed a role for causing simple injuries to the complainant and his wife and, therefore, they are entitled to bail.

4. The learned counsel appearing on behalf of the State while opposing the plea of bail submitted that the two petitioners are directly charged for causing as many as six injuries to the two injured P. Ws. and further that there was no previous enmity to bring a false charge.

5. No doubt the injuries sustained by the complainant may be described as grievous but as held in "Azizur Rehman v. The State" 1986 P Cr. L J 2716 it is still to be seen whether it was dangerous to life in that the Doctor has not stated so in his medical report. In the circumstances it appears to be a case of further enquiry. Therefore, without prejudice to the decision of case and merits, the petitioners are allowed bail in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of the Illaqa/Duty Magistrate. M.A. K. /650/P Bail allowed.