MUHAMMAD ISHAQ KHANJ.- Mst. Raj Bibi has sought the cancellation of bail granted to Payao Shah accused-respondent by the learned Additional Sessions Judge, Lakki by his order dated 2.5.1988 in a case under Section 302 P.P.C, registered vide F.I.R. No.35 dated 31.3.1988 of Police Station, Ghazni Khel.
2. Arguments of the learned counsel for the petitioner and the learned Assistant Advovcate General on behalf of the State have been heard and record of the cause has been examined.
3. From the perusal of the record it is clear that the accused- respondent had also been fired at and to this effect a cross report No.36 was lodged in which Sher Dad deceased in this case has been charged for firing at the complainant. The medical evidence of Sher Dad deceased would reveal that heart right lung, pleura and peritonium had been injured while the 6th and 7th ribs on the right side had been fractured. After receipt of such damaging injuries it is to be determined at the trial whether the deceased could after receipt of those injuries fire at the accused-respondent.
Besides the Neuro-Surgeon who had examined the accused-petitioner and had opined his age to be 13 years at the time of examination, was thus at the time of occurrence under age as well. Both these aspects of the case make the case of the accused-respondent arguable for the purposes of bail and,therefore,I see no reason to interfere with the discretion exercised by the learned Additional Sessions Judge. Accordingly this bail cancellation application is rejected.