2002 PLP 3558 (YLR)
SAJID ALI ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2002 PLP 3558 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Mian Muhammad Jehangir, J |
| Parties | SAJID ALI ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 3558 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 3558 (YLR)?
The case was heard and decided by the Lahore bench comprising: Mian Muhammad Jehangir, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 3558 (YLR) (SAJID ALI ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Ali Chauhan for Petitioner.
- Date of hearing: 12th December, 2001.
Headnotes / Summary
‑‑‑‑S.497‑‑‑Penal Code (V of 1860), S.337‑A (ii)/34‑‑‑Bail grant of ‑‑‑Allegation against accused was that he inflicted blow with 'Killa' (peg) made of wood on head of injured‑‑‑'Killa' (peg) made of wood was used for tethering cattle‑‑‑One side of Killa was blunt and other side was pointed and it was heavy in weight‑‑‑Output, of blow on head with Killa, could cause death to victim‑‑ Selection of seat of injury for causing blow itself was an exception on basis of which bail could be refused to assailant‑‑‑Trial Court in circumstances had rightly rejected bail of accused. Allah Rakha alias Bodi and another v. The State 1993 SCMR 1994 and Yara v. The State 1997 PCr.LJ 658 ref. Khalid Faiz for the State.
Judgment & Decree
Arshad Ali Chauhan for Petitioner. Khalid Faiz for the State. Date of hearing: 12th December, 2001. Heard. As a result of the Case bearing F.I.R. No.424 registered with Police Station Saddar Pak pattan Sharif, under section 337- A(ii)/34 P.P.C., Sajid petitioner stands involved in the allegation that his co‑accused held Muhammad Safdar in his Japha while he inflicted the blow with Killa (peg) made of wood on the head of Muhammad Safdar and thereafter the petitioner and his companions fled away from the spot. So, at the instance of Muhammad Akhtar the brother of the victim the above said case was registered.
2. Learned counsel for the petitioner argued that the alleged injury on the head attracts the provisions of section 337‑A(ii), therefore the offence does not fall within the prohibitory clause of section 497, Cr.P.C. and that the petitioner did not repeat the blow, therefore it is a case of further inquiry and also that the petitioner is no more required by the police for any further investigation. He has referred to the case reported in 1993 SCMR 1994 (S.C.) Allah Rakha alias Bodi and an others v. The State in 1997 PCr.LJ 658 (Lahore) Yara v. The State in support of his arguments, which have been opposed by the learned State Counsel who submitted that the injury attributed to the petitioner was serious in nature, therefore, it is not a fit case for bail.
3. The Killa (peg) made of wood is used for tethering the cattle. Its one side is blunt and the other side is pointed and it is heavy in weight, therefore, the below on head with Killa, is out put may be death of the victim, therefore, the selection of seat of injury for causing of blow itself is an exception on basis of which the bail can be refused to the assailants. The learned trial Court has rightly rejected the bail of the petitioners.
4. As a consequence of it this petition being without merit is hereby dismissed. H.B.T./S‑494/L Bail application dismissed.