Law:

Section:

Criminal Procedure Code ( V of 1898)- -- Ss. 497 & 498-Bail-Medical report not disclosing any injury either such as likely to result in death in usual course of nature or such as could be so imminently dangerous as to be likely to cause death-Prima facie on basis of material on record, no clear case for, the offence charged made out and the case as laid down in F. I. R. not coming within mischief of S. 497(1)-No allegation of accused person's non-cooperation with investigation or their being likely to interfere with witnesses or obstructing investigation-No possibility of absence of accused either-Complainant, according to his own statement in F. I. R. after his release walking to main road and returning to his town by bus, showing his not being grievously injured-Bail, in circumstances, allowed.-[Bail]. JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioners are, according to the F. I. R. lodged on the 28th May 1975, at Thana Sadar Gujrat, accused of offences 'under sections 148, 365 and 506/149, P. P: C., alongwith three other persons. Two of these were enlarged on bail on the 10th June 1975, by the Assistant Commissioner, Gujrat, and the third was released on bail by the same Magistrate on the 19th June 1975. The two petitioners herein, on the 31st-May 1975, moved the Lahore High Court for bail before arrest. A learned Single Judge of the said High Court on the 2nd June 1975, directed them to move the Sessions Court, Gujrat, in the first instance but granted them ad interim bail till the 5th June 1975. From this order the petitioners came to this Court On the 5th June 1975, this Court remanded the matter back to the High Court for disposal on merits and extended the ad interim bail granted by the High Court till the disposal of the matter on remand. The same learned Judge of the High Court, on the 26th June 1975, dismissed the application on the ground that since then a charge under section 307, P. P. C., had Woo been added, because, the person injured was said to be aged nearly 68/70 years and he could have died by the inflic­tion of kicks and blows with butts of stenguns and rifles. In addition to this, it was said that since the medical report disclosed that…

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