RAJA MUHAMMAD KHURSHID, J.- Respondent No. 1 namely Iqbal son of Ghulam and others were involved in a case under sections 148/324/337- A(ii)/149 PPC for causing gun shot injury to Shabhir Hussain victim. He was admitted to bail by the learned Addl. Sessions Judge.. Samundari vide his order dated 15.7.1996 on the ground that the guilt or innocence of the respondent was yet to be determined; that the respondent was in the judicial lock-up since 24.4.1996; that the victim had already been discharged from hospital after seven days of his admission; that seven co-accused of the respondent had already been enlarged on bail and that the challan has been prepared but n6t submitted to the Court for trial.
2. The. Cancellation of the bail is sought on the ground that the respondent was named in the FIR; that he was armed with 12 bore gun and had shot at the chest of the victim thereby causing him grievous injury; and as such was not entitled to bail.
3. I have considered the foregoing contentions and find that the respondent while armed with a gun caused fire-shot injury on the vital part of the victim i.e. Chest. The medico-legal report shows that the injury No. 2 was a gunshot and attributed to the respondent. It had penetrated the chest of the victim, returning pleural cavity. It was shown to have been caused bv fire-arm. It was kept under observation and was declared to be grievous having penetrated and ruptured pleura. The report of the Medical Officer to that effect is dated 3.4.1996
4. After confronted with the above situation, learned counsel for the respondent -has contended that the case was very weak on merits, as the motive was falsely set up; that the nature of Injury No. 2 Would show that the wound being .0.5 c.m. In diameter could not be possibly inflicted with 12 bore gun. As such it was contended that the medical evidence was not in accord with the oral evidence.
5. The points raised by the learned counsel for the respondent relate to the deeper appreciation of the merits of the case which cannot be undertaken for the limited purpose of bail. It is enough to say that prima facie medical evidence is in accord with the ocular account of occurrence, as the Medical Officer has held that injury No -2 was a fire-arm injury, which corroborates the version contained in the FIR; that injury' No. 2 was caused by the respondent with a shot gun. It has been supported by the witnesses in their statements under section 161 Cr.P.C. The injury being grievous and on the vital part of the body of the victim caused by 12 bore gun. Would have not persuaded the learned Addl. Sessions Judge to readily admit the respondent to bail, as the case fell within the ambit of section 324 PPC which deals with murderous assault. Since a grievous injury on the vital organ of the body has been attributed to the respondent, therefore, the other relevant section 337- A(ii> PPC is also prima facie attracted.
6. In view of above discussion, the petition for the cancellation of bail is accepted and the bail granted to the respondent aforesaid by the learned Addl. Sessions Judge, Samundari vide order dated 15,7.1996 is cancelled. As a consequence, it is directed that the aforesaid respondent shall be taken into custody and sent to the judaical lock-up, for which, the warrant of arrest shall be prepared and sent to the District Magistrate concerned for its execution.
7. Any observation made above is for the limited purpose for the disposal of this petition and shall not influence the course of trial or the mind of the learned Trial Judge in any manner.