1984 P Cr (PLP)

(i) that the petitioner was arrested on 13-4-1982. He was allowed interim bail on 11-12-1982 to enable him to appear in the exami nation and thereafter he was taken into custody on 19-12-1982 and as such he has been behind the bar for about 8 months. (ii) that the X-Ray report that three metallic bodies resembling bullet seen in A. P. lateral view in the abdomen falsifies the prosecution story that two shots were fired at the victim. (iii) that out of 4 accused persons named in the F. I. R., 3 of them namely, Anwar, Khadim and Ahmad having been declared inno cent were not challaned. The trial Court has no doubt summoned them to face trial but they are on bail. (iv) that the injury attributed to the petitioner i.e. injury No. 3 has not been specifically declared grievous or dangerous to life by the doctor. As against this, the learned counsel for the State assisted by the learned counsel for the complainant has seriously opposed this application on the ground that the petitioner stands charged under section 307, P. P. C. which falls within the prohibitory clause of section 497, Cr. P. C. that injury which is a fire-arm injury at the abdomen has been specifically attributed to him and that the grounds raised by the learned counsel for grant of bail require appreciation of the evidence which has to be avoided by this Court.

4. After hearing the learned counsel and going through the material which is available before me I find- (1) that Shabbir Hussain, the victim involved as many as 4 persons in the F. I. R. out of them, 3 namely, Ahmad, Khadim and Anwar were found innocent and as such the version given in the F. I. R. was found false with regard to the majority of the accused persons ; (2) that the petitioner has remained in jail as an under-trial prisoner for about 8 months. (3) that according to the medico-legal report, the injury attributed to the petitioner has neither been declared dangerous to life nor grievous in nature; (4) that injury No. 4 which reads as follows:- "Fire-arm wound x c. m. with invested margins and busent skins deep going posterior lateral of abdomen just below. Left side" has been attributed to Ahmad who, after having been summoned by the trial Court to face the trial is now on bail ; (5) that since there are two fire-arm injuries on and near the abdomen, it, therefore, cannot be said that the condition of the victim was serious as a result of injury No. 3 attributed to the petitioner and not as a result of injury No. 4 attributed to Ahmad co-accused.

5. Without making any expression of the opinion lest it may pre-, judice the merits of the case, I am of the opinion that for what has been found above, the question of the guilt of the petitioner requires further enquiry. Furthermore, the petitioner having already remained in jail for about 8 months, I do not see any good reason for his further detention especially when Ahmad co-accused to whom identical part has been attributed, is on bail. The petitioner is, therefore, allowed bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of, trial Court. M. Y. H. Bail granted.