2016 PLP 99 (YLRN)
FARAN AHMED alias FARHAN — Petitioner Versus The STATE and others — Respondents
| Citation | 2016 PLP 99 (YLRN) |
| Forum / Court | Lahore |
| Bench Members | Mazhar Iqbal Sidhu, J |
| Parties | FARAN AHMED alias FARHAN — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2016 PLP 99 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 99 (YLRN)?
The case was heard and decided by the Lahore bench comprising: Mazhar Iqbal Sidhu, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 99 (YLRN) (FARAN AHMED alias FARHAN — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aqeel Wahid Chaudhry for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.337-L(2), 337-A(iii), 147 & 149
Causing, hurt, Shajjah-i-Hashimah, rioting, common object
Accused while armed with hatchet, along with co-accused persons, who were armed with clubs, caused injuries to the complainant
Accused raised lalkara, then caused a hatchet blow on the head of injured, thereafter co-accused gave danda blows on the injured complainant, when complainant fell to the ground
X-Ray report showed fracture of right parietal bone of the complainant
No inordinate delay had been noticed in reporting the incident to the Police
Quantum of sentence under S.337-A(iii), P.P.C. could extend to 10 years
Accused selected amongst vital part of body
Such like injury could not be regarded manoeuvred
Prosecution witnesses, were tenacious to the allegations
No case of release of accused was made out
Bail was refused, in circumstances. [Paras. 2 and 7 of the judgment] Iftikhar-ul-Haq, Add. P.G. with Javed A.S.I. for the State. ORDER MAZHAR IQBAL SIDHU, J.
Faran Ahmed alias Farhan after having been sent in prison in a case registered vide FIR No. 230 dated 23.04.2015 under sections 337-L(2)-A-(iii)/147/149, P.P.C. at Police Station Ali Pur Chatha District Gujranwala has prayed his release till the final decision of the case through the instant application.
2. Prosecution accusal pithily is that petitioner while armed with hatchet along with co-accused Zaka- Ullah, Shahbaz Ahmad and some 7/8 unknown persons armed with clubs caused injuries to the complainant Muhammad Zaman.
3. Descriptively the role assigned to the petitioner is that he raised a lalkara, then caused a hatchet blow on the head of injured thereafter Shahbaz his co-accused gave a danda blow on his right hand then the injured fell to the ground thereafter all the accused caused him injuries with their respective weapons on different parts of his body.
4. Learned counsel for the petitioner submits that prima facie offence under section 337-A(iii), P.P.C. is not made out whereas all other penal provisions are bailable; petitioner is in Jail since 29.06.2015; investigation is complete and application of section 337-N, P.P.C. may be invoked while deciding the bail application because the basic punishment under section 337-A(iii), P.P.C. is payment of Arsh i.e 10 % of the Diyat, however, an accused may be sentenced up to 10 years as Tazir; the quantum of sentence remains the discretion of the Court, therefore, in the circumstances petitioner deserves for the grant of bail.
5. Learned Additional P.G by scanning he record has opposed the submissions and argued that injured sustained 12 injuries; out of which injury No.1 as incised; the same is specifically attributed to the petitioner; examining doctor kept the nature of injuries Nos.1, 2, 3 and 10 under observation for X-Rays and C.T Scan of the brain of injured; the X-Ray report shows fracture of parietal bone; the head of the human body is very vulnerable and vital part of the body which has been selected by the petitioner; his role has been corroborated by the medical evidence, therefore, at this early stage the petitioner does not deserve the relief sought for therefore, application may be dismissed.
6. Arguments heard intently. Record perused.
7. Injuries 1, 2, 3 and 10 were kept under observations for their X-Rays and of C.T Scan of the Brain. Vide X-Ray report dated 20.04.2015 fracture of right parietal bone was seen; the injured was also subjected to C.T Scan. On the final result of injuries case was registered on 23.04.2015. No inordinate delay has been noticed in reporting the incident to the police. Even otherwise, it is a matter of common practice. Our police seldom registers a case well within the time for the best reason known to it or owing to mythomaniac. It may be within the context to mention the text of injury: "Incised wound 4-1/2 cm x 1-1/2 cm bone exposed on top of right side of head. 8 cm from right ear. Fresh bleeding". Then the X-Ray report speaks as fracture of right parietal bone. The quantum of sentence under section 337-A(iii), P.P.C. may extend to 10 years. Petitioner selected amongst the vital part of the body as head. Such like injury cannot be regarded maneuvered. The P.Ws. are tenacious to the allegations.
8. For what has been discussed above, the application fails to yield the result desired. The same stands dismissed. HBT/F-36/L Bail refused.
Judgment & Decree
MAZHAR IQBAL SIDHU, J.
Faran Ahmed alias Farhan after having been sent in prison in a case registered vide FIR No. 230 dated 23.04.2015 under sections 337-L(2)-A-(iii)/147/149, P.P.C. at Police Station Ali Pur Chatha District Gujranwala has prayed his release till the final decision of the case through the instant application.
2. Prosecution accusal pithily is that petitioner while armed with hatchet along with co-accused Zaka- Ullah, Shahbaz Ahmad and some 7/8 unknown persons armed with clubs caused injuries to the complainant Muhammad Zaman.
3. Descriptively the role assigned to the petitioner is that he raised a lalkara, then caused a hatchet blow on the head of injured thereafter Shahbaz his co-accused gave a danda blow on his right hand then the injured fell to the ground thereafter all the accused caused him injuries with their respective weapons on different parts of his body.
4. Learned counsel for the petitioner submits that prima facie offence under section 337-A(iii), P.P.C. is not made out whereas all other penal provisions are bailable; petitioner is in Jail since 29.06.2015; investigation is complete and application of section 337-N, P.P.C. may be invoked while deciding the bail application because the basic punishment under section 337-A(iii), P.P.C. is payment of Arsh i.e 10 % of the Diyat, however, an accused may be sentenced up to 10 years as Tazir; the quantum of sentence remains the discretion of the Court, therefore, in the circumstances petitioner deserves for the grant of bail.
5. Learned Additional P.G by scanning he record has opposed the submissions and argued that injured sustained 12 injuries; out of which injury No.1 as incised; the same is specifically attributed to the petitioner; examining doctor kept the nature of injuries Nos.1, 2, 3 and 10 under observation for X-Rays and C.T Scan of the brain of injured; the X-Ray report shows fracture of parietal bone; the head of the human body is very vulnerable and vital part of the body which has been selected by the petitioner; his role has been corroborated by the medical evidence, therefore, at this early stage the petitioner does not deserve the relief sought for therefore, application may be dismissed.
6. Arguments heard intently. Record perused.
7. Injuries 1, 2, 3 and 10 were kept under observations for their X-Rays and of C.T Scan of the Brain. Vide X-Ray report dated 20.04.2015 fracture of right parietal bone was seen; the injured was also subjected to C.T Scan. On the final result of injuries case was registered on 23.04.2015. No inordinate delay has been noticed in reporting the incident to the police. Even otherwise, it is a matter of common practice. Our police seldom registers a case well within the time for the best reason known to it or owing to mythomaniac. It may be within the context to mention the text of injury: "Incised wound 4-1/2 cm x 1-1/2 cm bone exposed on top of right side of head. 8 cm from right ear. Fresh bleeding". Then the X-Ray report speaks as fracture of right parietal bone. The quantum of sentence under section 337-A(iii), P.P.C. may extend to 10 years. Petitioner selected amongst the vital part of the body as head. Such like injury cannot be regarded maneuvered. The P.Ws. are tenacious to the allegations.
8. For what has been discussed above, the application fails to yield the result desired. The same stands dismissed. HBT/F-36/L Bail refused.