S.M. ZUBAIR, J.- Shabhir alias Nenoo petitioner, who along with others' is involved in a case under sections 324/337-A/148/149 PPC arising out of FIR No. 405, dated 21-10-1992, registered at Police Station City Hafizabad, seeks to be admitted to bail.
2. As per FIR, the petitioner is alleged to have given butt blow of 7 MM rifle on the head of Usman.
3. Learned counsel submitted that the injury ascribed to the petitioner, though on the head of the victim, is simple in nature, because Muhammad Usman injured P.W. Did not appear before the doctor concerned for X-Ray of his head, hence in the absence of any X-Ray report the injury cannot be treated as grievous. Learned counsel further submitted that the nature of weapon used by the petitioner demonstrates that he never intended to cause Qati-i-Amd of the injured P.W., thus the case against him is one of further inquiry, as it would be determined after the recording of some evidence by the trial Court whether he intended to commit Qati-i-Amd of the victim or not, so the petitioner is entitled to bail.
4. Learned counsel for the State assisted by the police officer has conceded this fact that in the absence of any X-Ray report, it cannot be said that the injury attributed to the petitioner is grievous or dangerous to life, but he submitted that the location and the nature of weapon used by the petitioner shows that he intended to commit Qati-i-Amd.
5. I have heard the learned counsel for the parties and have perused the record. Admittedly, the injury sustained by the victim is simple in nature in the absence of any X-Ray report, though caused with the butt of the rifle, hence this act of the petitioner on the face of it cannot be treated as an act whereby he intended to cause Qalt-i-Amd, in such circumstances, the application of section 324 PPC is not free from doubt, so the petitioner is admitted to bail in the sum of Rs.
50,000/- (fifty thousand only) with one-surety in the. Like amount to the satisfaction of the A.C.
Hafizabad.