Murderous assault with firearms --- Bail , grant of --- Only a general role had been ascribed to the accused persons and no details I had been given as to which of the accused fired at which part of the body of the complainant --

 2023 SCMR 1397

Murderous assault with firearms --- Bail , grant of -- Further inquiry --- Only a general role had been ascribed to the accused persons and no details I had been given as to which of the accused fired at which part of the body of the complainant --- Complainant received injuries on the non - vital parts of the body --- Bare perusal of the medico legal report revealed that at the one hand the medical officer declared the injuries as " simple " and on the other hand he held the same to be " grievous " -- Law Officer admitted that none of the injuries exposed the bone --- Complainant sustained injuries on non - vital parts of the body whereas more than 37 empties had been recovered from the place of occurrence , which prima facie showed that the accused had no intention to kill the complainant despite having ample opportunity to do so --- In this view of the matter , the question whether section 324 , P.P.C. would be applicable in the case or not would be determined by the Trial Court after recording of evidence. Bail allowed.

Bail --- If two views are possible from the evidence adduced in the case then the view favourable to the accused is to be adopted .