The petitioner who is involved in a case under sections 334/13 and 337/13 of Amended Ordinance 1990, P.P.C. Arising out of F.I.R. No.250/90, dated 10-12-1990, registered at Police Station Sahiwal, District Sargodha, seeks to be admitted to bail.
2. According to the prosecution, the allegation against the petitioner is that he. Alongwith his co- accused gave kick blows to Hafizullah Shakir.
3. Learned counsel for the petitioner contends that in the initial mcdico--legal report, there is no mention of grievous nature of the injuries as is apparent from the medico-legal report. The injured person himself went to the Rural Health Dispensary for medic-ii examination. If he had received three grievous fractures on the leg, then in all probability, he could not walk on his own. The second medico-legal report, on the basis of which injury No.3 has been declared grievous, was produced later on and the possiblity cannot be ruled out that it might have been manoeuvred later on. He further submits that from the narration of facts, the petitioner never used any weapon, only he caused kick blow to the injured as per the initial report. The police treated it a case of simple hurt.
Later on, the offence was converted into section 337-D of the Amended Ordinance, 19%, as it was found that the injury is grievous. There is no motive with the petitioner and in the presence of this evidence, the case against the petitioner is one of further inquiry and he is entitled to bail as a matter of right lie also submits that even in the final report, the name of the petitioner is not mentioned as one of the assailants which further corroborates that the case against him is of further inquiry.
4. Learned counsel for the State has opposed this application on the ground that the grievous injury, though with kick, has been attributed to the petitioner and his case falls within the prohibitory clause, hence he is not entitled to bail.
5. After hearing the learned counsel for the parties and perusing the record, I find that the petitioner has not used any weapon and the injuries were caused with kicks. It would be determined after the recording of some evidence that actually those injuries were caused by the petitioner or are the result of menoeuvre, as alleged by the petitioner. At present the case against the petitioner is one of further inquiry, hence he is admitted to bail in the sum of Rs,30,000 (thirty thousand only) with one surety in the like amount to the satisfaction of the A.C., Sargodha.