1987 PLP 1036 (MLD)

Sardar Muhammad Ishaque for Applicant. A.A. Muhammadally, Asstt. A . -G. for the State. The learned Advocate for the applicant submitted, that although in F. I. R. complainant mentioned four injuries, the medical certificate shows six injuries and further the F.I.R. in question was lodged after delay of three hours. In addition to this the learned counsel submitted, that all the six injuries have been declared to be simple injuries and as such the question of applicant having intention to kill the complainant prima facie does not arise, as from the version of the incident as given in the F.I.R., complainant was completely at the mercy of the applicant, who could have caused injuries on the vital part of the body of the complainant, but he did not do so and as such prima facie the case of the prosecution against the present applicant would fall under section 324, P.P.C., and not under section 307, P.P.C., and in support of this, the learned Advocate for the applicant relied upon case reported in N L R 1980 Criminal

368. The learned Asstt. A.-G. appearing for the State at the outset submitted, that he was not opposing the above application as the case against the present applicant whether it falls under section 307 or 326 or 324 would require further inquiry at the stage of trial, as all the injuries received by the complainant are simple. 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 copies of the medical certificate shown to me by the learned Advocate for the applicant. The delay, in the F.I.R. has been explained satisfactorily to me, prima facie, as complainant went direct to the hospital. However, the medical certificates shown by the learned Advocate for the applicant show, that all the six injuries received by the complainant are simple injuries and as such the question whether the offence committed by the applicant would fall under section 307 or under section 326 or 324, P.P.C., -would require inquiry at the stage of trial. Therefore, I allow the above application and direct that the applicant be released on bail, on his furnishing surety in the sum of Rs.30,000 with P.R . bond in the like amount, to the satisfaction of the learned trial Court. Any observation made by me regarding merits of the case are tentative and as such shall not be binding on the learned trial Court. M.Y.H: Bail granted.