2011 SCMR 1646 (PLP)
MUHAMMAD ISHAQ — Petitioner Versus THE STATE and others — Respondents
| Citation | 2011 SCMR 1646 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani, Mian Saqib Nisar and Asif Saeed Khan Khosa, JJ |
| Parties | MUHAMMAD ISHAQ — 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 2011 SCMR 1646 (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 2011 SCMR 1646 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani, Mian Saqib Nisar and Asif Saeed Khan Khosa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1646 (PLP) (MUHAMMAD ISHAQ — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Irfan Akram, Advocate Supreme Court and A.H. Masood, Advocate-on-Record for Petitioner.
- Malik Mushtaq Ahmad, Advocate Supreme Court and Salem Khan Cheechi, Advocate Supreme Court for Respondent No.2.
- Date of hearing: 30th June, 2011.
Headnotes / Summary
(Against the judgment dated 6-6-2011 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No. 5883-B of 2011).
Ss. 497(2) & 498
Penal Code (XLV of 1860), Ss. 337-A(i) & 452
Shajah-i-Khafifah and trespassing
Case of further inquiry-Conflicting opinion
Accused was found by investigating officer to be involved in trespassing but Deputy Superintendent of Police did not agree with the finding of Investigating officer
Effect
Sole injury attributed to accused in terms of F.I.R. was not only Shajah-i-Khafifah making the offence bailable but even if Investigating officer found accused empty handed and such finding had not been varied, the question of application of S. 452, P.P.C. would remain a moot point between two officers i.e. Investigating officer and Deputy Superintendent of Police
Findings of Investigating officer and the fact that sole injury attributed, attracted only bailable offence, the possibility of false involvement of accused could not be ruled out
Pre arrest bail was allowed. Asjad Javaid Ghural, Additional Prosecutor-General, Punjab along with Ahmad Iqbal, S.-I. for the State.
Judgment & Decree
Petitioner along with six others have been proceeded against in terms of the case registered vide F.I.R. No. 184 of 2011 dated 20-4-2001, Police Station Sillanwali, District Sargodha, wherein it was alleged that on the fateful day of crime he along with others trespassed on the complainant's house and injured the complainant party. The co-accused of the petitioner was allowed pre-arrest bail by the learned High Court but the said relief was denied to the petitioner on the ground that though the injury attributed to him is Shujah Khafifa, which is bailable but section 452, P.P.C. was also added in the F.I.R. and no case for bail was made out.
2. Learned counsel for the petitioner seeks pre-arrest bail on the ground that the prosecution is motivated by malice; that the investigating officer found the petitioner to be empty handed at the time of occurrence and not caused any injury and section 452, P.P.C. was not liable to be attributed to the petitioner. Learned Additional Prosecutor-General, Punjab submitted that though the investigating officer did give the afore referred finding, yet the concerned DSP has disagreed with the investigating officer so far as the application of section 452, P.P.C. is concerned. Learned counsel for the complainant opposed the petition as according to him petitioner along with others trespassed to the complainant's house and caused him injures and no case for pre-arrest bail is made out.
3. Having heard learned counsel for the parties at some length, we find that admittedly the sole injury attributed to the petitioner in terms of F.I.R. is not only Shujah Khafifa making the offence bailable but even if the I.O. found that petitioner was empty handed and the said finding has not been varied so. The question of application of section 452, P.P.C. remains a moot point between the two officers i.e. the Investigating Officer and the DSP.
4. In view of the afore-referred findings of the Investigating Officer and the fact that the sole injury attributed attracts only bailable offence, the possibility of petitioner's false involvement for mala fide reasons cannot be ruled out. That being so, this petition. Is converted into appeal and allowed and, resultantly, the petitioner is admitted to pre-arrest bail, subject to furnishing bail bond in the sum of Rs. 50,000 (Rupees fifty thousand only) with one surety in the like amount, to the satisfaction of the learned trial Court. He shall remain on pre-arrest bail. M.H./M-60/SC Pre-arrest bail allowed.