2024 PLP 43 (SCMR)
FAHEEM ULLAH — Petitioner Versus The STATE through P.G. Punjab and another — Respondents
| Citation | 2024 PLP 43 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sardar Tariq Masood, Yahya Afridi and Ayesha A. Malik, JJ |
| Parties | FAHEEM ULLAH — Petitioner Versus The STATE through P.G. Punjab and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2024 PLP 43 (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 2024 PLP 43 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sardar Tariq Masood, Yahya Afridi and Ayesha A. Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2024 PLP 43 (SCMR) (FAHEEM ULLAH — Petitioner Versus The STATE through P.G. Punjab and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iltaf Samad, Advocate Supreme Court for Petitioner (in both cases).
Headnotes / Summary
(On appeal against the judgment dated 25.09.2023 passed by the Peshawar High Court, Peshawar in Criminal Misc. (B.A.) Nos. 2879-P and 2933-P of 2023)
S. 497
Penal Code (XLV of 1860), Ss. 452, 427, 354, 34, 506, 148 & 149
Constitution of Pakistan, Art. 185(3)
House-trespass after preparation for hurt, assault or wrongful restraint, mischief causing damage to the amount of fifty rupees, assault or criminal force to woman with intent to outrage her modesty, common intention, criminal intimidation, rioting armed with deadly weapons, unlawful assembly
Offences not falling within prohibitory clause of section 497, Cr.P.C
Previous enmity between the parties
Accused was nominated in two FIRs
All the offences mentioned in the two FIRs fell out of the prohibition contained in section 497 of the Criminal Procedure Code (Cr.P.C.)
Record showed that there was some previous enmity between the parties over the lodging of an FIR
Accused was behind bars for a period of more than five months and his trial in both FIRs had not concluded
Petitions for leave to appeal were converted into appeals and allowed and accused was granted bail in both FIRs. Altaf Khan, Additional A.G. Khyber Pakhtunkhwa and Javed, Inspector for the State. Mst. Nusrat, Maazullah (Husband) in person for the Complainant.
Judgment & Decree
SARDAR TARIQ MASOOD, J.
Criminal Petition No.1174/2023 Post-arrest bail was declined to the petitioner by the Peshawar High Court in case FIR No.691/2022 dated 21.07.2022, registered at Police Station Badber, District Peshawar, under sections 452, 427, 354 and 34 of the Pakistan Penal Code (P.P.C.) through the impugned order, hence this petition for leave to appeal.
2. After hearing learned counsel for the petitioner, we observed that all the offences mentioned in the FIR are out of prohibition contained in section 497 of the Code of Criminal Procedure (Cr.P.C.). According to learned counsel the petitioner was involved in this case for the reason that the wife of his cousin lodged case FIR No. 690/2022 dated 21.07.2022 in which one Saddique Ullah lost his life, against the close relative of Mst. Nusrat complainant of the present FIR. It is also contended by the learned counsel that mother of the petitioner is an eye-witness of the said murder case. So there is some enmity/reason for implication of the petitioner in the case in which the offences are out of prohibitory clause. The petitioner is behind the bars since 08.06.2023 and trial has not been concluded.
3. In view of above, this petition is converted into an appeal and allowed. The appellant is granted bail, subject to his furnishing bail bond of Rs.200,000/- (Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the trial Court.
4. Criminal Petition No.1202/2023 Post-arrest bail was declined to the petitioner by the Peshawar High Court in case FIR No.693/2022 dated 21.07.2022, registered at Police Station Badber, District Peshawar, under sections 452, 427, 506, 148 and 149 of the Pakistan Penal Code (P.P.C.) through the impugned order, hence this petition for leave to appeal.
5. Heard the learned counsel for the petitioner and perused the record. We have observed that all the offences mentioned in the FIR are out of prohibitory clause contained in section 497 of the Code of Criminal Procedure (Cr.P.C.). The petitioner, according to learned counsel, was involved in this case for the reason that the wife of his cousin lodged case FIR No.690/2022 dated 21.07.2022 in which one Saddique Ullah lost his life, against the close relative of Hassan Taja complainant of the present FIR. It is also contended by the learned counsel that mother of the petitioner is an eye-witness of the said murder case. So there is some enmity/reason for implication of the petitioner in the case in which the above said offences which are out of prohibitory clause. The petitioner is behind the bars since 08.06.2023 and trial has not been concluded.
6. For the forgoing, instant petition is converted into an appeal and allowed. The appellant is granted bail, subject to his furnishing bail bond of Rs.200,000/- (Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the trial Court. MWA/F-22/SC Bail granted.