1989 PLP 2713 (MLD)
MUHAMMAD ASHRAF — Petitioner Versus THE STATE — Respondent
| Citation | 1989 PLP 2713 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Fazal Karim, J |
| Parties | MUHAMMAD ASHRAF — Petitioner Versus THE STATE — Respondent |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 2713 (MLD)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 2713 (MLD)?
The case was heard and decided by the Lahore bench comprising: Fazal Karim, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2713 (MLD) (MUHAMMAD ASHRAF — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Nawaz Bhatti for Petitioner.
Headnotes / Summary
S. 497--Bail, grant of--Injured person who was caused a dagger blow on his right thigh by accused, had to be operated upon and finger of his right foot had to be removed which almost rendered him crippled--Injury being on vital part of body, bail was refused.
S. 347--When a Magistrate at any stage of proceedings finds that punishment in a case should be more than three years, he should send the case to Sessions Court for trial. Sardar Munir Ahmad Gill for the State.
Judgment & Decree
S. 497--Bail, grant of--Injured person who was caused a dagger blow on his right thigh by accused, had to be operated upon and finger of his right foot had to be removed which almost rendered him crippled--Injury being on vital part of body, bail was refused. (b) Criminal Procedure Code (V of 1898)
S. 347--When a Magistrate at any stage of proceedings finds that punishment in a case should be more than three years, he should send the case to Sessions Court for trial. Ch. Muhammad Nawaz Bhatti for Petitioner. Sardar Munir Ahmad Gill for the State. The petitioner is accused of having caused a dagger blow to Mubarak Ali on his right thigh; the resulting injury was 5 c.m. x 2 c.m. x muscle deep. Mubarak Ali had to be operated upon and the finger of his right foot had to be removed. He has almost been rendered a cripple by the injury because he cannot walk without clutches. In the circumstances, I do not think that there is any merit in the contention that the injury was on a non-vital part of the body. Learned counsel for the petitioner then contends that the case is being tried by a Magistrate 1st Class and as he is not competent to award punishment for more than three years, the offence does not fall within the prohibitory clause. For his contention, learned counsel refers to Muhammad Ali v. The State 1985 P Cr. L J 1. That case, it appears, was decided on its own facts and in any case, the contention does not take due note of the provisions of section 347 of the Cr.P.C., which provides that `if in any trial before a Magistrate, before signing judgment, it appears to him at any stage of the proceedings that the case is one which ought to be tried by the Court of Session or High Court, he shall send the case to the Court of Session or High Court, for trial'. In view of this section, the trial Magistrate will be able, if he finds that this is a case in which the punishment should be more than three years imprisonment, that the case should be tried by the Court of Session or by a Magistrate exercising Section 30 powers. Rejected. H.B.T./ M-1180/L Petition rejected.