2008 PLP 480 (MLD)
MUHAMMAD ISHAQUE alias MUHAMMAD ISHAQUE AHMAD — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 480 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ISHAQUE alias MUHAMMAD ISHAQUE AHMAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 480 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 480 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 480 (MLD) (MUHAMMAD ISHAQUE alias MUHAMMAD ISHAQUE AHMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Ss.498 & 345---Penal Code (XLV of 1860), S.337-A(ii)/34---Pre- arrest bail, grant of--Counsel for accused as also counsel for the complainant submitted that a compromise had been effected between the parties---Complainant, who was in attendance, had been identified by an Advocate---Complainant was the only one who suffered injury---State counsel had submitted that since the offence with which accused was charged was compoundable and compromise had taken place, he would not oppose the grant of bail to accused---Interim pre-arrest bail granted to accused, was confirmed, in circumstances.
- Muhammad Ameer Khan Niazi for Petitioner.
- 5. At the outset, the learned counsel for the petitioner as also the learned counsel for the complainant submitted that a compromise has been effected between the parties and that the offence charged with is compoundable. Tahir Hassan, complainant is in attendance. He has been identified by Mr. Sadaqat Mehmood Butt, Advocate. Photostat copy of his National Identity Card No. 38201-1251349-5 has been brought on the record. Besides being the complainant, he is the only one who suffered injury. He has categorically submitted in the Court that a compromise has taken place between the parties and that he does not wish to prosecute his case bearing F.I.R. No.9 of 2006 any further. The learned State Counsel submitted that since the offence charged with is compoundable and a compromise has taken place, therefore, he would not oppose the grant of bail to the petitioner.
Headnotes / Summary
Ss.498 & 345
Penal Code (XLV of 1860), S.337-A(ii)/34
Pre- arrest bail, grant of--Counsel for accused as also counsel for the complainant submitted that a compromise had been effected between the parties
Complainant, who was in attendance, had been identified by an Advocate
Complainant was the only one who suffered injury
State counsel had submitted that since the offence with which accused was charged was compoundable and compromise had taken place, he would not oppose the grant of bail to accused
Interim pre-arrest bail granted to accused, was confirmed, in circumstances.
Judgment & Decree
M. BILAL KHAN, J.
Muhammad Ishaque alias Muhammad Ishaque Ahmad, son of Muhammad Mushtaq the petitioner seeks pre-arrest bail in case F.I.R. No.9 of 2006, dated 9-1-2006 registered at Police Station Mitha Tiwana District Khushab, for an offence under section 337-A(ii)/34, P.P.C.
2. The case had been registered at the instance of Tahir Hassan son of Noor Hassan, caste Qureshi, wherein it .was alleged that the petitioner had caused a sota blow to him which had landed on the left side of his head. Likewise Muhammad Ishtiaq co-accused had also caused injury to him with a Sota.
3. The petitioner's plea for pre-arrest bail had been turned down by the learned Additional Sessions. Judge Khushab, vide order, dated 24-1-2006. Hence the instant petition.
4. I have heard the learned counsel for the parties and have perused the record brought by Mehmood Akhtar, A.S.-I. Police Station, Mitha Tiwana, District Khushab.
5. At the outset, the learned counsel for the petitioner as also the learned counsel for the complainant submitted that a compromise has been effected between the parties and that the offence charged with is compoundable. Tahir Hassan, complainant is in attendance. He has been identified by Mr. Sadaqat Mehmood Butt, Advocate. Photostat copy of his National Identity Card No. 38201-1251349-5 has been brought on the record. Besides being the complainant, he is the only one who suffered injury. He has categorically submitted in the Court that a compromise has taken place between the parties and that he does not wish to prosecute his case bearing F.I.R. No.9 of 2006 any further. The learned State Counsel submitted that since the offence charged with is compoundable and a compromise has taken place, therefore, he would not oppose the grant of bail to the petitioner.
6. Since the offence with which the petitioner has been charged with is compoundable and the complainant/injured in attendance has no objection if the interim pre-arrest bail allowed to the petitioner is confirmed, therefore, I am inclined to allow this application.
7. Resultantly this petition is allowed and the interim pre-arrest bail granted to the petitioner in terms of this Court's order, dated 24-1-2006 is hereby confirmed. H.B.T./M-554/L Bail confirmed.