1999 PLP 1897 (PCRLJ)
RAHMAT AL Petitioner Versus SHER MALIK and another‑‑‑Respondents
| Citation | 1999 PLP 1897 (PCRLJ) |
| Forum / Court | Peshawar |
| Bench Members | Mahbub Ali, Khan, CJ |
| Parties | RAHMAT AL Petitioner Versus SHER MALIK and another‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1999 PLP 1897 (PCRLJ)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1897 (PCRLJ)?
The case was heard and decided by the Peshawar bench comprising: Mahbub Ali, Khan, CJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1897 (PCRLJ) (RAHMAT AL Petitioner Versus SHER MALIK and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Sardar Hussain for Petitioner.
- Mazullah Khan for Respondent No.1.
- Date of hearing; 4thDecember, 1998
Headnotes / Summary
‑‑‑‑S. 497(2)‑‑‑Penal Code (XLV of 1860), S.324‑‑‑Bail, grant of‑‑‑Complainant as per initial medical report had charged accused for injuring him in neck back area with a stone‑‑‑Subsequent medical report supported by X‑ray showed that a metallic F.B. was seen in wound area caused by fire‑arm‑‑‑Case against accused requiring further inquiry‑‑‑Accused was released on bail under S.497(2), Cr.P.C. Talat Qayum Qureshi, Addl. A.‑G, for the State.
Judgment & Decree
Syed Sardar Hussain for Petitioner. Mazullah Khan for Respondent No.1. Talat Qayum Qureshi, Addl. A.‑G, for the State. Date of hearing; 4thDecember, 1998 On the report of P.W. Sher Malik that he was hit by the accused in neck area with a stone a case under section 324, P.P.C. was registered in Police Station Matta (Swat) on 14‑7‑1998. The complainant is running a grocery shop in village from where accused made some purchases on credit and on the day of occurrence an altercation took place between the parties on the demand of money by the complainant from the accused followed by exchange of hot words. As the complainant was feeling pain in neck he was subsequently examined by another doctor who on X‑Ray detected a bullet in neck area. Hence this petition for the release of the accused on bail.
2. I have heard learned counsel on behalf of the accused‑petitioner and the learned Additional Advocate‑General assisted by the counsel for the complainant party. The learned Advocate stated that in view of two medical reports case against the accused becomes that of further inquiry and the petitioner entitled to the grant of bail under section 497(2), Cr.P.C. The initial report, dated 14‑7‑1998 shows that complainant charged the accused for injuring him in neck back area with a stone. The report of the doctor on the same day shows that complainant received a lacerated wound in back neck with swelling caused by blunt object and the injury was termed simple. The complainant was subsequently, examined by another doctor on 29‑7‑1998 who after X‑Ray found a metallic F.B. in wound area caused by fire‑arm within a period of two weeks. Anyhow, in view of these two medico‑legal reports on record by different doctors on the wound of the complainant it cannot be ascertained at this stage of the case as how the complainant was injured in neck area and there appear as such sufficient grounds for further inquiry into the guilt of the accused and he may be released on bail pending such inquiry under section 497(2), Cr.P.C. Accordingly, I admit the accused to bail on furnishing security bonds in the sum of Rs.1,00,000 (one lac) with two local sureties and in the like amount and to the satisfaction of the Illaqa Judicial Magistrate. H.B.T./357/P Bail granted.