Section 322, P.P.C. is made punishable by the Legislature through Diyat only, the value of which is mentioned in section 323, P.P.C.

 Section 322, P.P.C. is made punishable by the Legislature through Diyat only, the value of which is mentioned in section 323, P.P.C. Needless to mention here that, since section 322, P.P.C. is not made punishable with some imprisonment and in second Schedule of Code of Criminal Procedure, 1898, it has been shown as non-bailable, hence the foregoing penal provision is to be treated as non attracting the prohibitory clause of section 497, Cr.P.C. It is the salutary principle of law that if a provision can be interpreted in two different manners, then the one which favours an accused is to be adopted.

It is by now well settled that if offences do not fall within the remit of prohibitory clause of Section 497 Cr.P.C, then basic rule is bail not jail, if some exceptional circumstances do exist.

Crl. Misc. No.21396-B of 2021
Muhammad Zahid Vs. The State and another