1998 PLP 1086 (MLD)
MUHAMMAD SALIM alias SAMIN — Petitioner Versus THE STATE and others — Respondents
| Citation | 1998 PLP 1086 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | MUHAMMAD SALIM alias SAMIN — Petitioner Versus THE STATE and others — Respondents |
Q1: What are the key laws and sections cited in 1998 PLP 1086 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1086 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1086 (MLD) (MUHAMMAD SALIM alias SAMIN — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Qasim Shah for Petitioner.
- 2. Mr. Qasim Shah Advocate, learned counsel for the petitioner, Mr. Abdur Rauf Khan Gandapur Advocate, learned counsel for the State and Mr. Tasleem Hussain, Advocate, learned counsel for the complainant present and heard. Record of the case perused.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S. 324/337-F [as substituted by Criminal Law (Second Amendment) Ordinance (XII of 1993)]
Complainant having sustained simple injury on the left thigh, case against accused would apparently fall within the mischief of S. 337-F, P.P.C. punishment for which ranged from one year to seven years' R.I. as Tazir
Grant of bail in offences punishable witty imprisonment for less than 10 years was a rule and refusal an exception
Accused was not a previous convict, thus, no danger of his repeating offence in question existed and there was no apprehension of his absconsion or tampering with prosecution evidence-- Accused, in circumstances, was admitted to bail.
Judgment & Decree
Date of hearing: 24th November, 1997 The petitioner, who stands charged for having committed an offence punishable under section 324, P.P.C. Vide. F.I.R. No.34 dated 21-3-1997, lodged in Police Station, Akbar Pura, Tehsil and District Nowshera, has been refused bail by the Courts below. Hence this petition.
2. Mr. Qasim Shah Advocate, learned counsel for the petitioner, Mr. Abdur Rauf Khan Gandapur Advocate, learned counsel for the State and Mr. Tasleem Hussain, Advocate, learned counsel for the complainant present and heard. Record of the case perused.
3. Admittedly, the complainant had sustained simple injury on his left thigh, therefore, the case against the petitioner would apparently fall within the mischief of section 337-F, P.P.C. The punishment, for various hurts, under section 337-F range from one year R.I. to seven years R.I. as Tazir. Needless to mention that grant of bail in offences punishable with imprisonment for less than 10 years is a rule and refusal an exception. The exceptional and extraordinary case where bail is declined in cases of offence punishable with imprisonment of less than 10 years are enumerated as under:-- (a) Where there is likelihood of abscondence of the accused; (b) Where there is apprehension of the accused tampering with the prosecution evidence; (c) Where there is danger of the offence being repeated if the accused is released on bail; and (d) where the accused is a previous convict.
4. In holding the above view I am forted by case Tariq Bashir and 5 others v. The State reported in PLD 1995 SC 34.
5. Since the petitioner is not a previous convict, there is no danger of his repeating the offence in question and there is no apprehension of his absconsion 8 or tampering with the prosecution evidence, therefore, he is admitted to bail and shall be released forthwith if not required in any other case provided he deposits bail amount of Rs.30,000 (Rs. Thirty thousand only) in this Court. H.B.T./2257/P Bail granted.