Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324,392,353,186

(a)    Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss. 324, 392, 353 & 186---Attempt to commit qatl-i-amd, robbery, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of his public functions---Bail, grant of---Accused suffering from fire-arm injuries on vital parts of body---Accused had been apprehended in an injured condition due to retaliation by police, which reached the place of occurrence soon after the commission of the alleged robbery by the accused along with other companions---Record transpired that an application was filed by the accused before the Trial Court for their medical treatment with the contention that no proper medical facility was available in District Jail Ward---In pursuance thereof, the Trial Court directed the jail authorities to shift the accused to hospital for proper treatment---Perusal of the opinion of the Police Surgeon depicted that one of the accused was admitted to Surgical Unit, due to laparotomy caused by firearms, whereas other accused was admitted to Orthopedic Ward due to fractures in left humerus and tibia bones caused by firearms---According to the Police Surgeon's opinion, the accused's condition was stable, however, the medical documents annexed with the record reflected that the injuries caused by the firearms were on vital parts, which required extensive care and treatment---From the record, it was manifest that the applicants were under treatment for more than one and half months and still their wounds had not healed---Object of the criminal trial was that the accused was made to face the trial and not to punish undertrial prisoner for the alleged offence---Bail application was allowed, in circumstances.Mian Manzoor Ahmed Watto v. State 2000 SCMR 107 and 2022 SCMR 326 ref.Muhammad Yousafullah Khan v. State PLD 1995 SC 58 and Mian Manzoor Ahmed Watto v. State 2000 SCMR 107 rel.(b)    Criminal Procedure Code (V of 1898)-------S.497---Bail---Tentative assessment---Scope---Observations made in the bail order are tentative in nature, which will not influence the merits of the…