This is an application for the cancellation of bail of Jaffar accused. The bail application of Jaffar was rejected by the Magistrate Peshawar on 12-2-1973, but he was allowed bail by Mr. Muhammad Azam Khan, Additional Sessions Judge, Peshawar, on 20-2-1973, on the ground that the injuries, allegedly caused by the foreshot of Jaffar, on the person of Hazrat Said complainant are simple in nature.
2. On 23-9-1972 at 16-30 hours, Hazrat Said complainant lodged a report at P. S. Saddar that at about 15-30 hours he was fired at effectively by Jaffar accused. Jaffar was absconding and was arrested on 3-2-1973. On medical examination the doctor found the following injuries on the person of Hazrat Said on 23-9-1972 at 4 p. m.:-
(1) Multiple pellet wounds on the scalp and face.
(2) Two pellet wounds on the chest one on the right side and one on the loft, very small.
(3) Single pellet wound on the left middle finger. X-ray showed no bone Injury and therefore the injuries were declared simple caused by firearm.
3. Magisterial statements of Muhammad, Mst. Said Bibi and Umar Said were recorded on 28-9-1972, wherein they charged Jaffar for effectively firing at the complainant.
Mr. Muhammad Aman Khan, Advocate, counsel for Jaffar respondent while supporting the order of bail, relied on Ghulam Mohy-ud-Din v. Ikram-ul-Haque and others (P L D1968 Lah. 1000). The learned Judge has observed in this judgment that although bail is not a rule in cases where commission of crime is attended by use of firearm ; but if simple hurt is caused the Courts can grant bail to the accused person. In the judgment it is not specifically shown on which part of the body the injuries were caused by firing.
Section 307, P. P. C. Provides that whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder. Such an offence would be punishable with imprison--ment which may attend to ten years if no hurt is caused, but if hurt is caused by such act, the offender shall be liable to punishment of transportation for life. In the present case hurt has been caused by foreshot of Jaffar and, therefore, ordinarily he would be liable to punishment of transportation for life if the offence is proved. As such section 497(1), Cr. P. C. Would come into play. Moreover, the word `hurt' used in section 307, P.
P. C. Will include simple hurt as well as grievous hurt and therefore, even if simple hurt is caused, section 307, P. P. C. Would be applicable to the circumstances of the case.
For these grounds, I am of the opinion that the learned Additional Sessions Judge was not legally correct in allowing bail to Jaffar. I, therefore, cancel the bail granted to Jaffar by order of Additional Sessions Judge. Peshawar, dated 20-2-1973. He is ordered to be taken into custody and remanded to judicial lock-up.