Law: Penal Code (XLV of 1860)

Section: 324, 326

Penal Code (XLV of 1860), Ss. 324 & 326-Grievous hurt --Bone cut short of fracture or dislocation-Not grievous hurt ' Incised wound with cut on bone underneath-Bone not fractured-Offence, in circumstances, held, fell under S. 324 and not under S. 326, Penal Code.   ORDER This is, a petition for bail under section 498, Cr. P. C. 2. The facts are these. On receipt of the copy of the medical report No. 226/69 dated 21/22-10-1969 a case under section 326/149 read with section 148, P. P.-C. was registered against the petitioners and two others namely, Ghulam Nabi and Bashir at Police Station Bhagtanwala, District Sargodha, on the report of Rodamal on 22-10-1969. In the course of investiga tion Ghulam Nabi and Bashir were found innocent by the police and it is stated that the case against them has been cancelled. Learned counsel for the petitioner argued that Ghulam Nabi who has been found innocent by the police has been assigned specific part in the F. I. R. He further argued that the only injury which has been described to be grievous is an incised wound 2 '' x x bone underneath cut on the right outer and back side of right hand at the little finger. According to the learned counsel as there was no fracture or dislocation the mere cut of the bone cannot be described as a grievous. Reliance was placed on Asmat Ullah v. State (P L D 1961 Lah. 506) where…