2007 PLP 513 (YLR)
MUSTANSAR ALI alias NATCHA — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 513 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Shabbar Raza Rizvi, J |
| Parties | MUSTANSAR ALI alias NATCHA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 513 (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 2007 PLP 513 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Shabbar Raza Rizvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 513 (YLR) (MUSTANSAR ALI alias NATCHA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rao Abdul Jabbar Khan for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.337-A(i), 337-F(ii), 148 & 149
Accused and three other co-accused caused injuries to the complainant and all other co-accused had been granted bail
Certificate of the Board of Intermediate and Secondary Education, had shown that accused was a student and below 18 years
Offence allegedly committed by accused also did not fall within the prohibitory clause of S.497, Cr. P. C.
All said facts had provided sufficient grounds to believe that further inquiry was required into the guilt of accused
Accused's age and his being student also warranted a lenient view
Accused was admitted to bail, in circumstances. Miss Yasmin Kanwal for the State. M. Latif, S.-I.
Judgment & Decree
SYED SHABBAR RAZA RIZVI, J.
The petitioner filed this bail application for post-arrest bail in F.I.R. No.352/05, dated 15-11-2005. The said F.I.R. was registered under sections 337-A(i), 337-F(ii), 148 and 149 P.P.C. at Police Station Sabzpir, District Sialkot. Briefly, according to the contents of the F .I. R. the petitioner inflicted Chhurri injury on the left arm of the complainant and also took away Rs.700 from the pocket of the complainant. The learned counsel for the petitioner submits that there is an inordinate delay of 3 days in the registration of case. He submits that offence under section 337-F(ii), P.P.C. prescribed maximum punishment of three years. He submits that petitioner is under 18 years of age and is going to give examination of matric in March, 2006. He further submits that he has already spent nearly two months in the jail. The learned counsel for the State submits that challan in this case has been submitted after a thorough investigation in which petitioner has been found guilty. She further submits that Chhurri by which the injury was caused to the complainant has been recovered. However, she submits that out of five accused, four have already been granted bail including co-accused Rustam, Qaiser and Nasir who also caused injuries to the complainant. After hearing the learned counsel for the parties, it is disclosed that petitioner and three other co-accused caused injuries to the complainant. All other accused who caused injuries have been granted bail. The certificate of the Board of Intermediate and Secondary Education, Gujranwala suggests that petitioner is a student and aged less than 18 years. The offence allegedly committed by the petitioner also does not fall within the prohibitory clause. All the above facts provide sufficient grounds to believe that further inquiry is required into the guilt of the petitioner, therefore, provisions of subsection (2) of section 497, Cr.P.C. are attracted. Besides, petitioner's age and his being student also warrant a lenient view. Therefore, as a consequence of the above reasons, this bail application is allowed. The petitioner shall be released on bail subject to his furnishing of bonds in Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court or Allaqa Magistrate. H.B.T./M-136/L Bail granted.