2005 P Cr (PLP)

Jai Jai Veshnu for Applicant. Shaikh Habib‑ur‑Rehman, Asstt. A.‑G. for the State. F.I.R. was lodged on 15‑3‑2002 at 8‑30 p.m. It was alleged in the F.I.R. that applicant along with co‑accused came at site and on the instigation of one accused Umer, applicant fired on the complainant's father with intention to murder him, on which his father extended his hand, hence fire hit to him on his right eye and left wrist of arm. Thereafter all the accused persons went away. Injured person appeared before the Medical Officer on 28‑3‑2002 and final verdict on the injuries was reserved for want of X‑Ray examination and dental opinion. Bail application was moved on 25‑7‑2002 on behalf of .the applicant, which was rejected by the learned trial Court. Then the applicant moved bail application in this Court, which was disposed of by my learned brother Zahid Qurban Alvi, J. (as he then was), on the ground that Final Medical Report was not available and to provide an opportunity to accused persons to make fresh bail application before the trial Court after receipt of Final Medical Report. The applicant thereafter moved bail application on 16‑12‑2003, 24‑3‑2004 and 30‑11‑2004 and same were dismissed only on the ground that Final Medical Report has not been received. My attention has been drawn to letter, dated 2‑7‑2002 addressed by Dr. Agha Saeed Ahmed, C.M.O. R.B.U.T. Hospital Shikarpur, that the injured person is not appearing before him, so that Final Medical Certificate can be issued after final assessment of injuries. On 12th August, 2003 learned trial Court directed to send the Final Medical Certificate. On 13‑9‑2003 the Medical Officer informed that since the injured person is not appearing before him, S.H.O. Police Station Sultan Kot may be directed to produce the injured before the Police Surgeon, so that Expert's opinion from the Senior Ophthalmologist can be obtained and Final Medical Certificate can be issued. Till date no final Medical Certificate has been produced, nor injured person has appeared before the Medical Officer. In an unreported case of Ali Muhammad and others v. The State being Criminal Bail Application No.S‑29 of 2004 my learned brother Mushir Alam, J. held that delay of more than one year in submission of Medical Report was sufficient ground for extending bail. In the instant case, applicant is behind bars from 13th April, 2002 and till date no Final Medical Certificate has been issued, as injured person himself failed to appear before Police Surgeon. Accordingly, I grant bail to applicant subject to furnishing solvent surety in the sum of Rs.3,00,000 and P.R. bond in the like amount to the satisfaction of trial Court. The application stands disposed of. H. B. T./S‑115/K Bail granted.