Earlier, bail application was moved on behalf of Habib Khan, the present petitioner, and Aman Ullah co-accused. However, the bail plea of Habib Ullah was not pressed and the petition was, accordingly, permitted to be withdrawn. Aman Ullah co-accused was then granted bail taking the view that it is yet to be determined whether the injury caused by Aman Ullah is grievous as falling under section 320 (sixthly) P. P: C. Or is simple one and that in the circumstances of the case prima facie every accused appears to be liable for the act done by him. In this application, the bail plea of Habib Ullah is pressed on the medical ground as well as on merits.
2. Learned counsel argues that as on complaint the other party has also been summoned, so there is a counter-version and this fact alone makes out a case of further inquiry. I am afraid, this ground is without substance.
3. As regards the medical ground, the learned Sessions Judge in his order dated 16th September, 1981 observed as under :- ---Today he present. He is hale and hearty. So the application has borne fruit. After petitioners recovery, the ground on which he was allowed ad interim bail has vanished.--- I have no reasons to disregard this observation of the learned Sessions Judge and to prefer the report of the doctor dated 1st September, 1981 in which he opined that the petitioner is suffering from Sciatica.
4. As regards merits, Habib Ullah petitioner is alleged to have caused injury with a dagger to Zahoor. This injury caused by a sharpedged weapon is opined to be grievous: The learned counsel informs me that the challan has been submitted which means that the case is ready for' trial. At this stage, there is no round for releasing the petitioner on, bail. This petition is, accordingly, dismissed in limine.