Complainant’s miraculous survival despite massive damage to the epigastrium region, confirmed by medical examination shortly after the assault, prima facie, attracted the mischief envisaged by section 324 of the Pakistan Penal Code, 1860 and, thus, constituted “reasonable grounds” within the contemplation of section of 497 of the Code of Criminal Procedure, 1898, standing in impediment to release of an offender in the absence of any consideration calling for further probe. The learned Additional Sessions Judge also ran into error by conveniently describing petitioner’s disappearance from law as inconsequential, errors that have rightly been rectified by the learned Judge-in-Chamber. No doubt, grant of bail is a discretionary relief, however, exercise of discretion must be structured on sound judicial considerations, objectively deducible from the record of the case, particularly in cases punishable with imprisonment of ten years or above and, thus, grant of bail in disregard thereof by itself constitute a strong ground, justifiably calling for interference.
Crl. P. No.493 of 2021 Noor Aslam Versus The State through P.G. and another
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