2022 PLP 558 (MLD)
MUHAMMAD IBRAR KHAN — Petitioner Versus The STATE and another — Respondents
| Citation | 2022 PLP 558 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD IBRAR KHAN — 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 558 (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 2022 PLP 558 (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: 2022 PLP 558 (MLD) (MUHAMMAD IBRAR KHAN — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muti Ullah for Petitioner.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), Ss. 324, 148, 149, 337-F(i), 337-L(2) & 34
Attempt to commit qatl-i-amd, rioting armed with deadly weapon, common object, damiyah, common intention
Scope
Accused along with another was alleged to have injured a member of the complainant party by making a fire shot with his rifle on his right thigh
Accused was particularly nominated in the FIR with specific role of causing firearm injury but the fact remained that the injury was declared as falling under S.337-F(i), P.P.C., which was bailable in nature
Case of accused was one of further inquiry falling under subsection (2) of S.497, Cr.P.C
Accused was also entitled to bail on the rule of consistency as co-accused, having similar role, had already been enlarged on bail
Investigation to the extent of accused was complete and he was no more required for further investigation
Petition for grant of post-arrest bail was allowed, in circumstances.
Judgment & Decree
SARDAR MUHAMMAD SARFRAZ DOGAR, J.
Through this petition under section 497, Cr.P.C. the petitioner Muhammad Ibrar Khan seeks post-arrest bail in case FIR No.138/2020, dated 16.6.2020, offences under sections 324, 148, 149, 337-F(i), L(2), 34, P.P.C., registered with the Police Station Shah Nakdar, District Sargodha.
2. As per narration of crime report got lodged by Muhammad Kameer complainant, the allegation against the petitioner is that on 16.6.2020, the petitioner along with his co-accused assaulted upon the complainant's party and injured one Allah Ditta. During the occurrence, the petitioner fired a shot with his rifle, which hit right thigh of Allah Ditta.
3. Heard. Record perused.
4. Although the petitioner is particularly nominated in the FIR with specific role of causing firearm injury on the right thigh of Allah Ditta but the fact remains that the said injury has been declared falling under section 337-F(i), P.P.C., which is bailable in nature. In view of above, the case of the petitioner has become one of further inquiry falling under subsection (2) of section 497, Cr.P.C. The petitioner is also entitled for bail on the rule of consistency as co-accused Iftikhar, having similar role, has already been enlarged on bail by the learned Magistrate Section 30, Sillanwali, vide order dater 23.11.2020. Reliance is placed on Abid v. The State and others (2016 SCMR 907), Fida Hussain v. The State and others (PLD 2002 SC 46). The investigation to the extent of the petitioner is complete and he is no more required for further investigation. The involvement of the petitioner in this case would be determined by the trial court after recording the evidence.
5. Consequently, this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000/- (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial court. Needless to mention that the observations made in the above order are tentative in nature and shall not influence the trial court. SA/M-58/L Bail granted.