2009 PLP 21 (MLD)
MUHAMMAD ISSA — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 21 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUHAMMAD ISSA — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 21 (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 2009 PLP 21 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 21 (MLD) (MUHAMMAD ISSA — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.337-A(ii)
Accused was alleged to have caused injury which was treated as Shajjah -i-Madihah which carried an imprisonment for five years
Specific role assigned to accused in the F.I.R. did not fall within the prohibitory clause of S.497, Cr.P.C.
Judgment & Decree
FARRUKH ZIA G. SHAIKH, J.
On perusal of F.I.R. Crime No.96 of 2008 it is apparent that accused Muhammad Essa at the first instance gave hatchet blow form the right side to the head of the complainant with intention to kill him. This point is admitted by the learned counsel for the accused. The medical certificate, dated 3-8-2008 shows that injury No.1 should be treated as Shujjah-i-Madihah. Section 337-A(ii) states that Shajjah-i-Madihah carries an imprisonment for five years. The specific role assigned to the accused in the F.I.R does not fall within the prohibitory clause of section 497, Cr.P.C. Learned counsel for the applicant has relied on PLD 1995 SC 34, 1996 PCr.LJ 1612 and 2002 PCr.LJ
582. Under the circumstances bail is granted to the applicant in the sum of Rs.2,00,000 to the satisfaction of the Additional Registrar of this Court. H.B.T./M-186/K Bail granted.