AKHTAR ULLAH alias AKHTAR ALI vs State S — 2021 SCMR 1287 SUPREME-COURT

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AKHTAR ULLAH alias AKHTAR ALI VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 324, 34 & 427---Attempt to commit qatl-i-amd, common intention, mischief causing damage to the amount of fifty rupees---Bail, grant of---Further inquiry---Injury on non-vital part of body---Incomplete medical legal report---Injury ascribed to the accused on the person of complainant was on his right heel---During the course of medical examination of complainant, the doctor had not given any details regarding dimension of the injury, therefore, question qua applicability of S. 324, P.P.C. would be determined by the Trial Court after recording of evidence---Perusal of medico legal report revealed that the same was on a plain paper and name and designation of the doctor who examined the injured witness had not been mentioned---As per prosecution, the complainant remained admitted in the hospital after the occurrence for a couple of days but discharge slip was not available on the record---Though one empty was secured from the spot by the investigating agency, but no recovery of alleged weapon was affected from the accused, therefore, the recovery of crime empty from the spot became inconsequential and did not have any legal force---Case of accused squarely was one of further enquiry falling within the ambit of S. 497(2), Cr.P.C.---Even otherwise, the accused was behind the bars for more than three and a half months, the investigation of the case was complete and no useful purpose would be served while keeping him behind bars till the conclusion of the trial pending adjudication before the Trial Court---Petition for leave to appeal was converted into appeal and allowed and accused was granted bail.

AKHTAR ULLAH alias AKHTAR ALI vs State S — 2021 SCMR 1287 SUPREME-COURT

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