1994 P Cr (PLP)
MUHAMMAD SABIR — Petitioner Versus MUHAMMAD ARID and others — Respondents
| Citation | 1994 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD SABIR — Petitioner Versus MUHAMMAD ARID and others — Respondents |
| Primary Law | (b) Criminal Procedure Code (V or 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1994 P Cr (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V or 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 P Cr (PLP)?
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: 1994 P Cr (PLP) (MUHAMMAD SABIR — Petitioner Versus MUHAMMAD ARID and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rai Bashir Ahmad for Petitioner.
- Atta Ullah Mirza for Respondents.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.324/337-A(iii)/148/149/109-- Cancellation of bail
Accused were named in the promptly lodged F.I.R. with specific grievous fire-arm injuries attributed to them
Sessions Court in circumstances had not properly exercised its discretion in admitting the accused to bail
Bail allowed to accused was cancelled by High Court accordingly.
S. 497(5)
Peal Code (XLV of 1860), 5.324/337-A(iii)/148/149/109-- Cancellation of bail
Accused was alleged to have ineffectively fired during the occurrence
Bail allowed to him by Sessions Court was not cancelled in circumstances.
Judgment & Decree
S. 497(5)
Peal Code (XLV of 1860), 5.324/337-A(iii)/148/149/109-- Cancellation of bail
Accused was alleged to have ineffectively fired during the occurrence
Bail allowed to him by Sessions Court was not cancelled in circumstances. Rai Bashir Ahmad for Petitioner. Atta Ullah Mirza for Respondents. Date of hearing: 4th July, 1994. This order will dispose of Criminal Miscellaneous No.4199/B/C of 1993 for the cancellation of bail of Muhammad Azam and Majid Rasheed alias Momi and Criminal Miscellaneous No.995/B of 1994 moved by Muhammad Sabir seeking cancellation of the bail of Muhammad Abid in case F.I.R. No.319/93, dated 12-8-1993 under sections 324, 337-A(iii), 148, 149 and 109, P.P.C.
2. The prosecution case in brief is that on account of election enmity, the respondents intercepted Muhammad Sabir complainant and Muhammad Nawaz P.W. on 12-8-1993. Abid fired a gun shot at Muhammad Nawaz hitting him on the left thigh while Majid Rasheed alias Momi fired a gun shot at Muhammad Nawaz P.W. hitting him on the right knee. Muhammad Azam also fired at Muhammad Sabir which did not hit him. The injuries' of Nawaz and Majid Rasheed were reportedly declared grievous.
3. Learned Additional Sessions Judge granted bail to the respondents on the grounds that it was yet to be seen whether the injury received by the injured was the result of one or two shots and further that the offence did not fall within the prohibitory clause of section 497, Cr.P.C.
4. Learned counsel for the petitioner submits that the respondents were not entitled to be released on bail at such an early stage when even the injuries of the injured P.Ws. had not healed.
5. I have heard the learned counsel for the petitioner. Specific grievous fire-arm injuries are attributed to. Muhammad Abid and Majid Rasheed, P.Ws. A Moreover, they are named in. the F.I.R., which was lodged without any delay. In this view of the matter, the learned Additional Sessions Judge did not properly exercise his discretion in admitting them to bail. Accordingly, I accept the application and cancel their bail. The case of Muhammad Abid is, however, considered to be distinguishable from them because he is said to have ineffectively fired during the occurrence.' Accordingly, the application is dismissed to this extent. N.I-1.Q./M-1827/L Order accordingly.