Law:

Section:

Keywords: Satisfaction, Evidence, Order, Failure, Dispute, Place, Recording, Money, Trial Court, Surety, Cancellation, Cancellation Of Bail, Procedure, Defence, Prima Facie, Magistrate Result: Bail allowed ORDER Broadly the allegations against the applicant Dad Karim are that on 9-11-1970 a fight took place between him and his employee deceased Dad Rehman, whereupon the deceased sustained injuries on the right thigh and died due to excessive bleeding. Two F. I. Rs. were filed, one by the applicant and the other by the injured deceased on the same day at the same police station. The applicant received grievous knife blow injury, an incised wound 2" x 1" deep extending underneath 2" towards right clavicle in the upward direction and according to the C. M. O., Jinnah Hospital, Karachi, who had examined the applicant, an emergency operation was done and it was found that two major arteries were cut completely along with the muscles and he was of the opinion that the injury was grievous one. The applicant was released on bail by the learned Magistrate on 29-11-1971 but his bail was cancelled by the learned Additional Sessions Judge, Karachi vide his order dated 10-4-1972, on an application by Mst. Zaree, a near relation of the deceased. 2. I have heard Mr. G. M. Shah, Advocate for the applicant and Mr. Murtaza Hussain, Advocate for the State. It was argued amongst others by counsel for the applicant that the applicant had received a serious injury on a vital part of his body /. e. chest which endangered his life. He could not have received this injury except on a sudden fight and that the deceased received injury on the thigh, which was not a vital part of the body and the death was due to excessive bleeding and non-availability of medical assistance in time. He contended that State has not moved the application for cancellation of bail before the learned Additional Sessions Judge and State being a necessary party, in other words, has accepted the earlier order of the Magistrate releasing the applicant on bail. It was next contended that in fact the applicant was first charged under section 324, P. P. C. but later on, it was…

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