1. ' The applicant is facing trial under sect ions 307, 324/34, P.P.C. Before the learned 1st Additional Sessions Judge, Sanghar.
2. ' It has been contended by Mr. S. All Ahmed Tariq learned counsel appearing for the applicant that according to the Medical Certificate the injury sustained by the injured was simple in nature and, therefore, it was a case of further inquiry with regard to the nature of offence committed by the applicant. In support of his contention the learned counsel for the applicant has relied upon PLD 1963 Kar.
3. 118.
4. ' Mr. Salman Ansari learned counsel appearing for the State, has opposed the grant of bail to the applicant on the ground that the injury was on the vital part of the body of the injured.
5. ' I have considered the contentions of the learned counsel. The order itself shows that the injury sustained by Sarfraz is simple in nature. In the case of Taj Muhammad v. The State PLD 1963 (W.P.)
6. Kar. 118, it was observed by this Court that:- "The thought of man is not triable because even the devil himself knoweth not the thought of man.
7. Intention, then, is to be gathered or inferred from external acts and, therefore, for this purpose it is very necessary to examine the act itself and to see whether it is such an act that by itself is ordinarily capable of causing death in the natural and ordinary course of events. Now applying these principles to the facts of the present case I find that although the appellant had a big knife with a blade three and a half inches long, yet the dimensions of the two injuries inflicted by him upon the injured are so slight as to indicate that it was not his intention to put an end to the life of the injured.."
8. In view of the above discussion, I am of the considered view that the case of the applicant requires further inquiry with regard to the nature of offence committed by him.
9. ' I, therefore, direct that the applicant shall be released on bail on furnishing surety in the sum of Rs,25,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.