' Petitioners Nos.1 to 4 stand charged for having committed an offence punishable under sections 337-A(i)/337-A (vi)/324, P.P.C. Read with 34, P.P.C. Vide. F.I.R. No, 121 registered, at Police Station, Ouch District Dir on 31-3-1998.
After their arrest two of the petitioners. Namely, Ayub Said (petitioner No,3) and Shah Hussain (petitioner No,4) were released on bail by the Illaq Qazi, Adinzai Chakdara were as two petitioners, namely, Fazal Said and Niaz Hussain, were refused bail.
3. The complainant, not contented with the order of the Illaqa Qazi, filed an application for the cancellation of bail which was accepted and the bail granted to the two accused, mentioned above, was recalled by the Zaila Qazi/Sessions Judge at Timergara. On the other hand, the two petitioners namely, Fazal Said and Niaz Hussain, who were refused bail by the Illaqa Qazi/Magistrate, also applied to the Sessions Judge Dir, at Timergara for bail. The Sessions Judge/Zaila Qazi by his order dated 13-4-1998 refused to release them on bail. Hence this petition for bail.
4. Nawabzada Sleem Dil Khan, Advocate learned counsel for the petitioners, Kh: Azhar Rshid, learned Assistant Advocate-General for the State and Mr. Wali Khan Afridi, Advocate learned counsel for the complainant present and heard. Record of the case perused.
5. Admittedly, there is a delay of one day in lodging the report. The occurrence took place on 27-3- 1998 at 16-00 hours whereas the matter was reported to the police on 28-3-1998 at 10-15 hours which was entered in the Daily Diary.##T## The F.I.R. Was, however, registered on 31-3-1998 at 14- 30 hours after the receipt of the medico-legal report.
6. A perusal of the file would show that Dr. Rehana Zohra, W/Medical Officer, R.H.C. Gulabad, District Dir, in the first instance, gave the following report:- "Name:-Mukhtiyar Begum.
Age- 40 years. B.P. 130/80 Top- 98.4 F Date: 28-3-1998 11 a.m.
Patient is concious has injuries temporal and painful tov of skull, area is painful and bleeding.
Admitted in hospital. Given.
Cap: Amoxil 1 + 1+ 1 500 mg Tab Voven 1 + 1 + 1 50 mg Ing Manzil Inj Dictran.
Cap: Fefolvit.
Tab: Rebxin.
Dressing done. Date: 28-3-1998.
(Sd.) Rehana W.M.O. R.H.C, Gulabad.
7. Thereafter, a second report was obtained from her which reads as under:-- ' "The weapons used are blunt stone and the injuries are dangerous to life and the patient is referred to Peshawar for investigation.
(Sd.) Rehana ' W.M.O. R.H.C. Gulabad.
8. This report is not only signed by the said doctor (Rehana Zohra) but is also sealed.
9. It, however, appears that these two reports did not serve the purpose of the Police/complainant and, therefore, a third report was obtained from the said Doctor (Rehna Zohra) which is to the following effect:-- ' "The case is serious as the patient is vomiting and is painful.
' The patient is serious and is referred to L.R.H. Neuro-Surgical Unit, Peshawar.
(Sd.) Rehana.
10. This report has only been initialled i.e,, it has neither been signed nor sealed.
11. Unfortunately, there is nothing on the file to suggest that the patient was in fact taken to the Lady Reading Hospital, Peshawar and examined there.
12. It is a matter of regret that a Lady Doctor who is posted as a Medical Officer in one of the Hospital should be giving three different reports and that, too, in such a short span of time. This clearly indicates that something is wrong somewhere. Accordingly, I would direct that a copy of this order be sent to the Secretary, to Government of N.-W.F.P., Health Department with the direction o hold a proper enquiry and to find out as to what prompted the Lady Doctor to give three different reports. The enquiry report should be sent to this Court within 2 months positively. The Additional Registrar (Judicail) shall see that the Orders of this Court are complied with within 2 months.
13. In the circumstances, without dilating upon the merits of the case, at this stage, I am of view that the case of he petitioners falls under section 37-A(i), for which the maximum punishment is two years. Since the case of the petitioners does not fall under the prohibitory clause of section 497, Cr.P.C., therefore, this bail petition is accepted.
14. All the four petitioners shall be released forthwith, if not required in any other case, provided they furnish bail bonds in the sum of Rs,1,00,000 (Rs,One lac) with two sureties each, in the like amount, to the satisfaction of the Additional Registrar (Judicial) of this Court.
15. The Additional Registrar (Judicial) shall see that the sureties are respectable persons and are men of means having sufficient property in their names and also hail from District Dir.
16. The attested photostat copies of their identity cards/property documents shall be obtained and placed on file for record.