MUHAMMAD SHARIF Versus STATE

ORDER

1. The petitioner seeks bail in .a case registered against him and some others with Police Station, Saddar Kasur, for offences under section 324/326/452/34, P.P.C. The allegation against the petitioner and his co‑accused is that on 23‑2‑1989, at about 4 p.m. the children of one Sarsoo Khan and of the petitioner side quarreled. On this the petitioner and his co‑accused armed with hatchet caused injury to Sarsoo Khan.

2. It is contended by learned counsel for the petitioner that initially the injured was examined and his injury was declared simple but later on another X -ray of the injured was taken and the injury was declared grievous, therefore, the police added section 326, P.P.C. Submits that since there are two X‑ray reports with regard to the same injury, therefore, it becomes a case of further inquiry. Contentions have been opposed by learned counsel for the State.

2. I have heard learned counsel and perused the file. According to the record, the report of the Radiologist on the earlier X‑ray file showed no fracture. Later on another film was taken whereby the same injury was declared grievous. In these circumstances it is yet to be determined which report is correct. I have noticed that there is no allegation of any previous enmity between the parties. The petitioner is not alleged to have caused any injury on the vital part of the body. In these circumstances I feel it is a case of further inquiry. Therefore, the petitioner is allowed bail in the sum of Rs.25,000 with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Kasur.

3. SA./M‑1452/L

4. Bail allowed.