2003 PLP 1162 (MLD)
RAJAB — Applicant Versus THE STATE — Respondent
| Citation | 2003 PLP 1162 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | RAJAB — Applicant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2003 PLP 1162 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1162 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1162 (MLD) (RAJAB — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.337-F(vi)/337-L(ii)/504-- Bail, grant of
Though as many as 8 injuries were found on the person of victim lady, but those had been attributed to 4 accused persons-- Injury on person of the victim lady which was fracture, was punishable with imprisonment for 7 years being `Ghyr Jaifah Munaqilah' whereas remaining injuries were punishable with imprisonment for 2 years-- None of the injuries was specifically attributed to a particular person-- Collective activity no doubt could also be an offence, but in circumstances of the case, the accused had a case for grant of bail.
Judgment & Decree
Shafi Muhammad Memon for Applicant. Anwar H. Ansari for the State. Prosecution case is that on 7-11-2002 Naseeban the sister of complainant Qurban went to hospital taking her ailing son there for examination and treatment. Rajab the applicant together with his brothers Bakhsan, Sajjan and a relative Phuloo abused her on the way and gave stick blows besides kicks and fists. On the shouts of Naseeban her brother Qurban came and rescued her. All the four assailants then departed hurling abuses at the lady and her brother. The injured lady was taken to Police Station Dadu and the matter reported to them. The report was entered in the Roznamcha and the injured referred to Medical Officer Civil Hospital Dadu for examination and certificate. On 2-12-2002 medical certificate showing 8 injuries on the person of lady was received. As the medical certificate disclosed cognizable offences also the report of Qurban was incorporated under section 154, Cr.P.C. and the investigation started. On 25-11-2002 Rajab was arrested. After investigation the challan has been submitted before Judicial Magistrate Dadu. The bail plea of applicant was declined by the Judicial Magistrate and then by learned Additional Sessions Judge, Dadu. Thereafter, present application has been filed. Heard arguments. Although as many as 8 hurts were found on the person of victim lady but those have been attributed to 4 accused. The injury No.3 which is fracture is punishable with imprisonment for 7 years being Ghyr Jaifah Munaqilah whereas remaining injuries are punishable with imprisonment for 2 years. None of the injuries is specifically attributed to a particular person. No doubt collective activity can also be an offence but, in the circumstances this applicant has a case for bail. Bail granted. He shall be released on his furnishing solvent surety in the sum of Rs.50,000 (fifty thousand) and P.R. bond in the like amount to, the satisfaction of the learned trial Court. H.B.T./R-88/K Bail granted.