1. ' Applicant Muhammad Muzaffar is detained in Crime No,503/93 under section 324, P.P.C. As amended. The F.I.R. Was filed by one Muhammad Asifullah Khan at Liaquatabad Police Station on 4-11-1993. Bail application filed by the applicant in the Court of Sessions Judge, Karachi (Central) is dismissed by order, dated 2-2-1994.
2. ' Muhammad Asifullah Khan who lodged the report stated that on the day of incident he had gone to attend a marriage ceremony at Liaquatabad No,8. The applicant accompanied by an unidentified person were present at Bundu Video Point and were firing. It is in the F.I.R. That the complainant restrained applicant from firing in that manner on which the parties grappled with each other and applicant fired at complainant which hit him on his left thigh. The complainant was then taken to Abbasi Shaheed Hospital.
3. ' It is argued by applicant's learned Advocate that the injury on the person of complainant is on the thigh which is not vital part of the body and would be covered by the definition of Ghayr-Jaifah as described in section 337-E(iv) and the punishment for such offence is five years as provided under section 337-F(iv) of the P.P.C. As amended. It is also argued that the applicant who was admitted in hospital on 4-11-1993 was discharged on 9-11-1993 and although the injury is caused by fire-arm, it is neither declared as grievous nor dangerous. It is also contended by the learned Advocate that applicant was arrested in Crime No, 201/93 of C.IA. Clifton under section 399/402, P.P.C. And he is granted bail in the said case. The learned A.A.-G. Has conceded to the grant of bail in view of the above facts and circumstances.
4. The injury is Ghayr-Jaifah as referred above to and the maximum punishment provided is five years which is not covered by prohibitory clause of subsection (1) of section 497, Cr.P.C. Since the learned AA.-G. On facts has no objection to the grant of bail, I am inclined to grant bail to the applicant. He shall be so released if he furnishes one surety in the sum of Rs,1,00,000 and P.R. Bond in the like amount to the satisfaction of the learned trial Court.