2018 PLP 601 (MLD)
SAEID and another — Petitioners Versus The STATE and another — Respondents
| Citation | 2018 PLP 601 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SAEID and another — Petitioners Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2018 PLP 601 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 601 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 601 (MLD) (SAEID and another — Petitioners Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Azhar Hussain Malik, Additional Prosecutor General with Dost Muhammad, ASI for Respondents.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 302, 324, 337-A(i), 337-A(ii), 337-F(i), 337-L(2), 337-H(2), 447, 511, 148 & 149
Qatl-i-amd, attempt to commit qatl-i-amd, hurt, criminal trespass, attempt to commit offence punishable with imprisonment for life or shorter term, rioting armed with deadly weapon, unlawful assembly
Role attributed to accused persons (two) was that of causing injury to two injured persons
FIR was lodged with a delay of three days
Offence of causing said injuries by accused were bailable in nature
No accusation of repetition existed on part of accused persons
Accused party also sustained injuries during the incident, which fact was concealed by complainant party while lodging the FIR
Co-accused persons had already been granted pre-arrest bail
Question of vicarious liability or sharing common intention for committing murder of deceased would be determined by trial court after recording evidence
Accused persons were no more required to the Police for investigation which to their extent was complete
No useful purpose would be served by keeping accused persons behind the bars for indefinite period
Case of accused persons called for further inquiry into their guilt under subsection (2) of section 497 Cr. P. C.
Bail was granted accordingly.
Judgment & Decree
ABDUL SAMI KHAN, J.
Petitioners Saeid and Jaffer through this criminal miscellaneous seek post-arrest bail in case FIR No. 304/2017 dated 1.7.2017 registered under sections 302, 324, 337-A(i)(ii), 337-F(i), 337-L(2), 447, 511, 337- H(2), 148, 149, P.P.C. at Police Station Bhowana, District Chiniot.
2. As per FIR, the petitioners are accused of assaulting upon the complainant's party as a result of which nine persons sustained injuries, out of which, one Malik Khan died due to succumbed of injuries.
3. Arguments heard. Record perused.
4. It is found that FIR of the case was lodged after the delay of about three days without any plausible explanation, which means that the same has been registered after consultations and deliberations. Further the injury of injured Mansabdar at his forehead attributed to petitioner Saeid has been declared as Shajjah-i-Mudihah attracting the provisions of 337-A(2) while injury of injured Mst. Sumaira Bibi at her shoulder attributed to petitioner Jaffer is simple in injury attracting the provisions of 337-L(2), P.P.C. Admittedly, there is no repetition on the part of the petitioners and except the above said injuries the petitioners have not caused any injury to any other injured or the deceased. Further in the alleged incident, Umar Daraz, Sarfraz, Mst. Nooran and Mst. Bakhat Bibi from the petitioner's side also sustained injuries, which fact has been concealed by the complainant while lodging the instant case and vide order dated 9.8.2017, the learned Ex Officio Justice of Peace has directed the Investigating Officer to record the version of the petitioners' side. It will not be out of place to mention here that vide order dated 24.10.2017 passed in Crl. Misc. No.60067/B/2017, petitioners' co-accused namely Abdullah, Riaz, Noor Ahmad and Fayyaz have already been granted pre-arrest bail. In these circumstances, the case of the petitioners calls for further inquiry into their guilt under subsection (2) of section 497, Cr.P.C. The question of authenticity of the allegation against the petitioners regarding their vicarious liability or sharing common intention for committing the murder of deceased Malik Khan shall be determined by the learned trial Court at trial after recording evidence of the parties. Moreover, the petitioners are no more required to the police for further purpose of investigation as investigation to their extent is complete, as such, no useful purpose would be served by keeping them behind the bars for indefinite period.
5. In view of the above, this petition is accepted and the petitioners are admitted to post arrest bail subject to their furnishing bail bonds in the sum of Rs.1,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court concerned. WA/S-83/L Bail grante