2012 PLP 117 (SCMR)
DOST MUHAMMAD — Petitioner Versus THE STATE and others — Respondents
| Citation | 2012 PLP 117 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani and Amir Hani Muslim, JJ |
| Parties | DOST MUHAMMAD — Petitioner Versus THE STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 117 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 117 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani and Amir Hani Muslim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 117 (SCMR) (DOST MUHAMMAD — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rai M. Tufail Khan Kharal, Advocate Supreme Court for Petitioner.
- Date of hearing: 11th May, 2011.
Headnotes / Summary
(On appeal against the order dated 18-4-2011 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No.3201/B of 2011).
S. 497(2)
Penal Code (XLV of 1860), S. 337-A(i)
Constitution of Pakistan, Art. 185(3)
Shajjah-i-Khafifah
Accused was attributed only one injury which was initially found to be serious but later on Medical Board declared the same as Shajjah-i-Khafifah
Report of Medical Board brought the case within the mischief of S. 337-A(i), P.P.C. which was punishable with two years of imprisonment
In terms of injuries caused, case of accused did not fall within the prohibitory clause of S. 497, Cr.P.C.
Accused was behind the bars for the last more than one year and eleven months and no more required for further investigation
Bail was allowed. Asjad Javed Ghural, Additional P.-G., Naseer Ahmed, S.-I., Police Station City Tandlianwala, Faisalabad for the State.
Judgment & Decree
This shall be read as part of the order dated 9-5-2011 vide which one of the petitioners, Muhammad Nasir (petitioner No. 1) was granted bail inter alia on the grounds that the injury on the ear of injured Muhammad Adnan was found to be Shajjah-e-Khafifah in terms of Medical Board's report dated 23-12-2010; that the prosecution case had been found to be partly false as only two out of eight accused had finally been sent up for trial and the question of petitioner's guilt required further inquiry. However, by inadvertence, no finding was given regarding the case of petitioner No.2 Dost Muhammad. In these circumstances on the office report dated 10-5-2010, we issued notice to petitioners' learned counsel and learned Additional Prosecutor-General for today. Then have been heard.
2. Petitioner No. 2 Dost Muhammad was attributed three injuries i.e. injury No. 1 on the ear with blunt weapon, injury No. 2 with sharp edged weapon and injury No. 8 on the thigh with blunt weapon. The only injury which was initially found to be serious, was declared by the Medical Board to be Shajah-e-Khafifah, would bring the case within the mischief of section 337A(i), P.P.C., which is punishable with two years' R.I. In terms of the injuries caused, the case of petitioner No. 2 does not fall within the prohibitory clause of section 497, Cr.P.C. He is behind the bars for the last more than one year and eleven months and no more required for further investigation. In these circumstances, he too is entitled to bail. Consequently, he is allowed bail and subject to his furnishing bonds in the sum of Rs. 100,000 with one surety in the like amount to the satisfaction of the trial Court, he shall be released on bail. M.H./D-9/SC Bail allowed.