1991 P Cr (PLP)
BANARAS MASIH — Petitioner Versus THE STATE — Respondent
| Citation | 1991 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | BANARAS MASIH — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1991 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 P Cr (PLP)?
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: 1991 P Cr (PLP) (BANARAS MASIH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Gabriel Francis Khan for Petitioner.
Headnotes / Summary
S. 497--.-Penal Code (XLV of 1860), Ss.307, 325, 147 & 148
Bail, grant of-- Accused allegedly caused a grievous injury with Chhuri to injured in his chest-- Injured did not submit himself for X-Ray examination
Challan was filed in Court and case was fixed for evidence after formal charge
Despite a few adjournments for recording of evidence for prosecution, trial had not made any headway
Accused was in custody since 2-10-1990
Bail was allowed in circumstances.
Judgment & Decree
Gabriel Francis Khan for Petitioner. Malik Shaukat Hussain for the State. There are five accused in the case. They are charged for offences under section 307/325/147/148/34, P.P.C., vide an F.I.R. registered at serial No.351 on 20-9-1990, at Police Station R.A. Bazar, Rawalpindi. Of the accused, four have already been admitted to bail in the Courts below and the one who was denied bail on four occasions in the Courts below is the present accused Banaras Masih. He gave a Chhuri blow to Arshad Masih, Nature of injury caused by him is described in the medico-legal report as:-- "An incised wound 3.5 c.m. x 1.5 c.m. depth not probed on lateral aspect of lower part of (L) chest. Corresponding cut on chest and Kameez signed and handed over to police." Above injury was kept under observation and was declared grievous on 2-10-1990 by the doctor. However, the injured Arshad Masih did not permit the X-Raying of the injury suffered by him. Accused was arrested on 2-10-1990 and was sent to judicial lock-up on 3-10-1990. Challan was filed in the trial Court on 20-1-1991. Copies of statements were delivered to the accused on the same day, and, the ca4e was postponed to 27-1-1991 1for framing of the charge-sheet against the accused. On the adjourned date, accused was formally charged-sheeted, and, the case was adjourned to 10-2-1991 for taking prosecution evidence. Eversince then, despite a few adjournments and some specifically for taking prosecution evidence, the trial did not make much headway, except usual adjournments which is being seen as a routine practice these days causing much delay in decision of the cases in the Courts below. Having due regard to the above circumstances, accused Banaras Masih is admitted to bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Magistrate/Duty Magistrate, Rawalpindi. Records be returned. SA./B-260/L Petition accepted.