SH. ABDUR RAZZAQ, J.- Petitioner alongwith Muhammad Anwar, Abdul Khaliq and Mazhar Zafar stands charged u/S. 337-A-I1 PPC vide FIR No. 10, dated 7.1.1998 registered at P.S. City Sadiqabad for causing injuries to Muhammad Riaz, Ahmad Nawaz and Muhammad Naeem. The petitioner alongwith his co-accused moved pre-arrest bail application which was disposed of by the lower Court vide order dated 28.5.1998. The co-accused of the present petitioner were granted the relief of bail sought by them whereas the petitioner was declined the said relief, observing that his case was distinguishable from the case of his co- accused as well as on account of his absence from the Court at the time of announcement of order dated 28.5.1998.
2. Learned counsel for the petitioner has contended that although the petitioner has been assigned a specific role of causing injury with a brick-bat on the head of Ahmad Nawaz, yet this fact is not borne Out from record if the injured had actually received the said injury as disclosed in the MLR.
His contention is that after issuance of MLR he moved an application with the District Magistrate for the Constitution of a Medical Board for examining Ahmad Nawaz injured in respect of injury on his head. That in spite of repeated opportunities having been provided to Ahmad Nawaz injured to appear before the Medical Board, that this fact alone is sufficient to make the case of the petitioner open for further" inquiry and he is entitled to the relief sought by him. He further contended that absence of the petitioner in the lower Court was not intentional at the relevant time, as he had gone to summon his counsel for appearance in the Court.
3. Conversely contention of the learned counsel for the complainant is that as the petitioner has been specifically named in the FIR and a specific role has been attributed to him so keeping in view the MLR coupled with the statements of the witnesses recorded under Section 161 Cr.P.C., he is liable for the commission of offence with which he stands charged. However it is stated by learned counsel for the State that in spite of repeated opportunities provided to the injured Ahmad Nawaz he failed to appear before the Medical Board which had been constituted by the order of District Magistrate, Rahimyar Khan.
4. The petitioner alongwith his co-accused (no petitioner before this Court) stands charged for the commission of offence u/S. 337-A-II, PPC. The part assigned to the present petitioner is that of causing injury with brick bat on the head of Ahmad Nawaz. There is no doubt that the injury on the head of Ahmad Nawaz has been declared as Shajjah-I-Mudihah, however MLR shows that the said injury was kept under observation and the injured was directed to obtain X-ray report and ii was after the said report that final report in respect of injured was to be given by the Medical Officer.
Admittedly Ahmad Nawaz never appeared for his X-ray and lie also failed to appear before the Medical Board constituted for re-examination of the injured, alleged to have been caused by the petitioner on his head. The mere fact that injury has been shown as Shajjah-i-Madihah in the MLR, without further corroboration as a result of X-ray is not sufficient to hold the petitioner guilty of the offence charged against him. The conduct of Ahmad Nawaz injured is not appearing for X-ray and also to avoid his appearance before the Medical Board raises a reasonable doubt regarding the very infliction/nature of injury on the head of Ahmad Nawaz. All these facts make the case of the petitioner open for further inquiry, as such interim bail already granted to him is confirmed.