2008 PLP 681 (YLR)
ALLAH DITTA and 3 others — Petitioners Versus THE STATE — Respondent
| Citation | 2008 PLP 681 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Jehangir Arshad, J |
| Parties | ALLAH DITTA and 3 others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 681 (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 2008 PLP 681 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Jehangir Arshad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 681 (YLR) (ALLAH DITTA and 3 others — 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.498
Penal Code (XLV of 1860), Ss.337-A(i)(ii), 337-H(ii), 337-L(ii), 148 & 149--Ad interim pre-arrest bail, grant of
Injury constituting offence under S.337-A (ii), P.P.C. which was punishable with five years imprisonment was attributed to co-accused whose bail application had been' dismissed as withdrawn
Other offences attributed to the remaining accused were bailable and question of their vicarious liability was yet to be determined after recording of evidence
Accused, prima facie were entitled to confirmation of their pre-arrest bail. Sardar Muhammad Sarfraz Dogar for the Complainant. Imtiaz Ahmad Sheikh for the State. Muhammad Aslam, S-I. with record.
Judgment & Decree
MUHAMMAD JEHANGIR ARSHAD, J.
At the very outset learned counsel for the petitioner opts not to press this petition to the extent of Allah Ditta son of Manzoor. Accordingly this petition to the extent of Allah Ditta petitioner No.1 is dismissed as not pressed.
2. Allah Ditta, Zahoor Ahmad, both sons of Sadhna and Manzoor Ahmad son of Hassan seek confirmation of their pre-arrest bail in case F.I.R. No.110, dated 12-5-2006 under sections 337-A(ii), 337-L(ii), 337A(i), 337-H(ii), 148, 149, P.P.C. Police Station Sahoka District Vehari, on the ground that except offence under section 337-A(ii), P.P.C. all the remaining offences are bailable where injury consti tuting offence under section 337-A(ii), P.P.C. per medical report is attributed to Allah Ditta son of Manzoor whose bail application has been withdrawn. It is further contended that vicarious liability of the petitioner with regard to injury implicating section 337A(ii), P.P.C. is yet to be determined after recording of evidence, hence petitioners are entitled to confirmation of their ad interim pre-arrest bail earlier granted by this Court.
3. On the other hand, learned counsel for the complainant as well as State have opposed this application by contending that although injury constituting offence under section 337A(ii), P.P.C. is attributed to Allah Ditta son of Manzoor whose bail application has been withdrawn yet the present petitioners launched attack on the complainant and his mother Mst. Nooran in furtherance of their common intention, hence their liability is the same as that of Allah Ditta son of Manzoor.
4. Arguments considered. Record perused.
5. Admittedly the injury constituting offence under section 337A(ii), P.P.C. which is punishable with five years' imprisonment is attributed to Allah Ditta son of Manzoor whose bail application has been dismissed as withdrawn, whereas other offences attributed to the remaining petitioners are bailable and the question of their vicarious liability is yet to be determined after recording of evidence, hence prima facie petitioners Allah Ditta, Zahoor Ahmad sons of Sadhna and Manzoor son of Hassan are entitled to confirmation of their pre-arrest bail. This application is therefore, allowed and ad interim pre-arrest bail earlier granted to petitioner Nos.2, 3 and 4 by this Court on 26-7-2006 is hereby confirmed subject to their furnishing bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of learned trial Court within ten days. H.B.T./A-236/L Bail confirmed.