2010 PLP 873 (YLR)
ZAWAR HUSSAIN — Petitioner Versus THE STATE and another — Respondents
| Citation | 2010 PLP 873 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Malik Saeed Ejaz, J |
| Parties | ZAWAR HUSSAIN — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 873 (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 2010 PLP 873 (YLR)?
The case was heard and decided by the Lahore bench comprising: Malik Saeed Ejaz, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 873 (YLR) (ZAWAR HUSSAIN — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ramzan Khalid Joiya for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.337-F(v), 337-F(i) & 452/34
Causing injury and house-trespass
Accused no doubt was nominated in the F.I.R., but except one injury, all the other had been declared "ghair jaifa khafifa "
Offences with which accused was being charged, did not fall within prohibitory clause of S.497, Cr.P.C.; whereas accused was languishing in jail since 16-12-2008, without any substantial progress in the trial
Accused was admitted to bail, in circumstances. Sh. Imtiaz Ahmad for the State.
Judgment & Decree
MALIK SAEED EJAZ, J.
Petitioner (Zawar Hussain) seeks post-arrest bail in case F.I.R. No.2/2008 dated 2-1-2008 under sections 337-F(v), 337-F(i), 452,34, P.P.C. P.S City, Alipur, District Muzaffargarh.
2. Allegation against the petitioner is that he along with co-accused went to the house of the complainant and caused injuries to Mst. Amir Mai mother of the complainant with butt of his gun, while standing outside the house of the complainant.
3. Learned counsel contends that petitioner has been falsely involved in the case and that even otherwise, the injuries sustained by Mst. Amir Mai have been declared Ghair Jaifa Khafifa and only one injury is Jurrah Munagila. It is lastly argued that petitioner is behind the bars since 16-12-2008 and the offences do not fall within prohibitory clause.
4. Learned counsel for the State has opposed the bail application on the ground that petitioner is nominated in the F.I.R. with a specific role.
5. Heard. Record perused.
6. No doubt the petitioner is nominated in the F.I.R. but except one injury, all the other have been declared Ghair Jaifa Khafifa. The offences with which the petitioner is being charged do not fall within prohibitory clause of section 497, Cr.P.C., whereas, petitioner is languishing in jail since 16-12-2008, without any substantial progress in the trial. In these circumstances, I am inclined to allow this petition, as such, petitioner is admitted to bail on furnishing bail bond in the sum of Rs.2,00,000 with one surety in the like amount to the satisfaction of learned trial Court. H.B.T./Z-3/L Bail granted.