2004 PLP 2385 (YLR)
SHER MUHAMMAD and another-Petitioners Versus THE STATE — Respondent
| Citation | 2004 PLP 2385 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Nasim Sabir, J |
| Parties | SHER MUHAMMAD and another-Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 2385 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 2385 (YLR)?
The case was heard and decided by the Lahore bench comprising: Nasim Sabir, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 2385 (YLR) (SHER MUHAMMAD and another-Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tariq Zulfiqar Ahmad Chaudhry for Petitioners.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 324/34/337-A (i)/ 337-F (i)(ii)/ 337-A (ii)/ 337-(iv)
Injuries alleged to have been caused by accused persons were of simple nature
One of the accused persons being minor, was entitled to be released on bail as his case fell under one of the Exceptions of S. 497, Cr.P.C.
Trial of case was directed to be conducted expeditiously, but no progress had been made in the Trial
Accused were behind bars for the last almost more than one year
Case being fit for grant of bail, same was granted to accused, in circumstances. Mirza Faisal Mubeen for the State.
Judgment & Decree
Petitioner seeks post-arrest bail in case F.I.R. No. 276, dated 4-7-2002 under sections, 324/34, 337-A(i)/337-F(i)(ii)/ 337(ii)/337 (iv), P.P.C. registered at Police Station Saddar, Pakpattan Sharif.
2. The allegation against the petitioner Sher Muhammad is that he has caused 4 injuries on the person of Muhammad Sarwar and the nature of injuries is 337F(ii), whereas, the allegation against Ghulam Farid petitioner is that he has caused 3 injuries on the person of Muhammad Sarwar.
3. Learned counsel for the petitioner submits that Sher Muhammad petitioner is aged about 16 years. Therefore, he is entitled to grant of bail. His case falls under the exception of section, 497, Cr.P.C. Further submits that both the petitioners were arrested on 14-7-2002 and since then they are behind the bars. Further submits that recovery has been effected and they are no more required for the purpose of investigation.
4. On the other hand, learned State counsel submits that petitioners names are specifically mentioned in the F.I.R. with specific role and they have caused number of injuries on the person of Muhammad Sarwar. Further submits that challan has been submitted in the learned trial Court wherein charge has been framed on 6-1-2003 prays that petitioners are not entitled to the concession of bail at this stage.
5. I have heard the learned counsel for the petitioners as well as learned State counsel and also perused the record. The injuries alleged to have been caused by the petitioners are of simple nature. Petitioner Sher Ahmad is minor. 'Therefore, he is entitled to be released on bail. His case falls under one of the exceptions of section 497, Cr.P.C. it has also been observed that the learned trial Court hai directed the trial of the case to be conducted expeditiously but even then no progress has been made in the trial. The petitioners are behind the bars for almost more than 1 year. It is a fit case for grant of bail to the petitioners. Petitioners are directed to be released on bail provided they submit bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of the learned trial Court. H.B.T./S-71/L Bail granted.