1999 PLP 3351 (MLD)
ALLAH WASAYA — Petitioner Versus THE STATE — Respondent
| Citation | 1999 PLP 3351 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ALLAH WASAYA — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 3351 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 3351 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 3351 (MLD) (ALLAH WASAYA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian Abdur Rasheed Rashid for Petitioner
Headnotes / Summary
Ss.497 & 498
Penal Code (XLV of 1860), Ss. 324, 337-A (ii) & 34
Head injury was caused by accused with hatchet which was declared as Shajjah Mudihah
Offence did not fall within prohibitory clause of S.497, C.P.C.
Judgment & Decree
Mian Abdur Rasheed Rashid for Petitioner Syed Tariq Saeed for the State. Petitioner stands charged under sections 324/34, 337-A-II, P.P.C. vide, F.I.R. No. 27, dated 8-2-1998 registered at Police Station Pacca Larah Tehsil Liaqatpur District Rahimyar Khan for causing injuries to Muhammad Aslam complainant.
2. Contention of the learned counsel for the petitioner is that as per M.L.R. the injury attributed to the present petitioner at the most falls under section 337-A-II, P.P.C. and not under section 324, P.P.C., that the petitioner was arrested on 8-2-1998 but his arrest has been shown on 18-2-1998, that the offence alleged against him does not fall within the prohibitory clause as such petition may be accepted and he may be admitted to bail.
3. Conversely the petition has been opposed by the learned counsel for the State.
4. According to the contents of F. I. R. the petitioner has been assigned the role of causing a hatchet injury on the head of Muhammad Aslam complainant. As per M.L.R. the said injury has been declared as Shajjah-i-Madihah wnlch falls within the provisions of section 337-A-II, P.P.C. and is punishable up to 5 years. The petitioner was arrested on 18-2-1998 though as per contention of the petitioner he was arrested on 8-2-1998. The offence does not fall within the prohibitory clause as such petition is accepted and he is admitted to bail in the sum of Rs.10,000 (Ten Thousand only) with one surety in the like amount to the satisfaction of the trial Court. Q.M.H./M.A.K./A-354/L Bail allowed.