2022 PLP 1444 (SCMR)
MUHAMMAD AMEEN — Petitioner Versus The STATE and another — Respondents
| Citation | 2022 PLP 1444 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Syed Mansoor Ali Shah and Amin-ud-Din Khan, JJ |
| Parties | MUHAMMAD AMEEN — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2022 PLP 1444 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 PLP 1444 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Syed Mansoor Ali Shah and Amin-ud-Din Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2022 PLP 1444 (SCMR) (MUHAMMAD AMEEN — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Matee Ullah, Advocate-on-Record (through Video-Link) for Petitioner.
Headnotes / Summary
(Against the judgment of Lahore High Court, Lahore dated 17.06.2021, passed in Criminal Miscellaneous No. 24420-B of 2021)
S. 497(2)
Penal Code (XLV of 1860), Ss. 302, 109, 148, 149, 337-A(i), 337-F(i) & 337-L(2)
Constitution of Pakistan, Art. 185(3)
Murderous assault
Contradictory medial evidence qua alleged injury caused by the accused
Post-mortem report described the injury caused by the accused as "not a deep wound but superficial in nature" and two broken teeth of injured victim
Same post-mortem report described the mouth of the injured victim to be healthy
Final opinion of the medical officer which constituted the cause of death of deceased victim stated "cardiopulmonary arrest due to excessive internal bleeding due to rupture of spleen, liver and lung injury" which was not caused by the accused
Prima facie, the injury caused by the accused compared to the firearm injury caused by the co-accused, did not appear to be fatal leading to the death of deceased and the medial evidence to the extent of the alleged injury caused by the accused appeared to be contradictory
Question of common intention under section 34, P.P.C. could best be examined during the trial after recording of the evidence
To the extent of the accused the reappeared to be no reasonable grounds for believing that he had committed the non-bailable offence, but there were sufficient grounds for further inquiry into his guilt
Petition for leave to appeal was converted into appeal and allowed and accused was admitted to bail. Ch. Muhammad Sarwar Sindhu, Additional P.G. along with Hanan, ASP for the State.
Judgment & Decree
SYED MANSOOR ALI SHAH, J.
Criminal M.A. No. 543-L/2021: This petition is barred by 145 days. For the reasons given in the application for condonation of delay and placing reliance on Muhammad Arshad Nadeem1 case, the delay in the filing of this petition is condoned. Application allowed. Main Case
2. The Petitioner seeks leave to appeal against the order dated 17.6.2021, whereby he was refused post-arrest bail in case FIR No.322/2019, Police Station Sadar Muridke, District Sheikhupura, registered under sections 302, 109, 148, 149, 337A(i), 337F(i), 337L(2), P.P.C.
3. Briefly, according to the FIR, the petitioner along with other co-accused entered the house of the sister of the complainant and assaulted her husband Tabarak Ali and their neighbour Ehsan. The allegation levelled against the Petitioner is that he broke the teeth of Ehsan by hitting him with an iron rod on his mouth. While the other co-accused made a fire-shot at Tabark Ali that entered him from the back and exited from the abdomen in the front. In the end Tabark Ali lost his life and Ehsan was left injured.
4. The Post-Mortem Report dated 03.06.2019 describes this injury caused by the Petitioner as Injury No.6 which is described as "not a deep wound but superficial in nature and two teeth of Ehsan were broken". The same Post-Mortem Report, under Part-IV- Abdomen, at serial No.3 describes the mouth to be healthy. The final opinion of the medical officer which constitutes the cause of death of Tabarak Ali states as follows: "cardiopulmonary arrest due to excessive internal bleeding due to rupture of spleen, liver and lung injury." which was not caused by the Petitioner.
5. Prima facie, the injury caused by the Petitioner compared to the firearm injury caused by the co-accused, does not appear to be fatal leading to the death of Tabarak Ali and the medial evidence to the extent of the alleged injury caused by the Petitioner appears to be contradictory. The question of common intention under section 34, P.P.C. can best be examined during the trial after recording of the evidence.
6. In this background, to the extent of the Petitioner there appears to be no reasonable grounds for believing that the accused has committed the non-bailable offence, but there are sufficient grounds for further inquiry into his guilt. We, therefore, admit the petitioner to bail, subject to his furnishing bail bond in the sum Rs.50,000/- with two sureties in the like amount to the satisfaction of the trial Court. This petition is converted into appeal and allowed accordingly.
7. Needless to mention that the observations made in this order are of tentative nature which shall not in any manner influence the trial court, and that this concession of bail may be cancelled, under section 497(5), Cr.P.C., if the petitioner misuses it in any manner, including causing delay in the expeditious conclusion of the trial. MWA/M-47/SC Bail granted.