2016S818 (PLP)
SAJJAD HUSSAIN — Petitioner Versus The STATE and others — Respondents
| Citation | 2016S818 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Gulzar Ahmed and Manzoor Ahmad Malik, JJ |
| Parties | SAJJAD HUSSAIN — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2016S818 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016S818 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Gulzar Ahmed and Manzoor Ahmad Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016S818 (PLP) (SAJJAD HUSSAIN — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Humayoun Rasheed, Advocate Supreme Court for Petitioner.
- Date of hearing: 25th May, 2016.
Headnotes / Summary
(Against the order of the Lahore High Court, Lahore dated 21-3-2006 passed in Crl. Misc. No.1132-CB of 2011)
S. 497(2)
Penal Code (XLV of 1860), Ss. 334, 354 148 & 149
Biting off victim's ear
Co-accused, who had been assigned specific roles of injuring the complainant with, different weapons, had already been enlarged on bail
Role assigned to the accused , in the FIR was of biting the ear of the complainant
Accused was not shown to be armed with any weapon nor he used any weapon during the occurrence
Case of the accused in such circumstances, became one of further inquiry falling with the purview of S. 497(2), Cr.P.C.
Accused was granted bail accordingly. Complainant in person. Mazhar Sher Awan, Additional P.-G. for the State.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Petitioner Sajjad Hussain is an accused in case FIR No. 182 of 2014 dated 09.07.2014, offence under sections 334, 354 148, 149, P.P.C., registered at Police Station Chuchak, District Okara. He was granted bail after arrest by the learned Additional Sessions Judge, vide order dated 10.12.2014. The complainant filed a petition for cancellation of bail granted to the petitioner before the learned High Court, which was allowed and bail granted to the petitioner by the learned Additional Sessions Judge was recalled. Hence this petition for grant of post-arrest bail by the petitioner.
2. After hearing the learned counsel for the petitioner, complainant present in person, learned Law Officer and perusing the available record, it has been noted by us that it has been alleged in the FIR that petitioner along with his co-accused intercepted the complainant and forced him to sign plain papers. On refusal by the complainant, the co-accused of the petitioner injured the complainant by using iron rod, axe and sota. Precise allegation against the petitioner, as per the FIR, is that while his co-accused caught hold of complainant, he bit off the right ear of the complainant. On Court query, it has been informed by the learned Additional Prosecutor General that co-accused of the petitioner, who have been assigned specific roles of injuring the complainant with different weapons, have already been enlarged on bail. The role assigned to the petitioner in the FIR is of biting the ear of the complainant. He was not shown to be armed with any weapon nor he used any weapon during the occurrence. In these circumstances, the case of the petitioner becomes one of further enquiry falling with the purview of section 497(2), Code of Criminal Procedure. Moreover, the grounds for the grant of bail and its cancellation are altogether different. The discretion exercised by the learned Additional Sessions Judge has not been found by us to be arbitrary or capricious.
3. For the foregoing reasons, this petition is converted into appeal and the same is allowed. Consequently, petitioner Sajjad Hussain is admitted to post arrest bail subject to furnishing his bail bond in the sum of Rs. 100,000 (Rupees one hundred thousands only), with one surety in the like amount, to the satisfaction of the learned trial Court. MWA/S-11/SC Bail granted.