1988 P Cr (PLP)
NIAMAT KHAN and 3 others — Petitioner Versus THE STATE — Respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Khizar Hayat, J |
| Parties | NIAMAT KHAN and 3 others — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1988 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Khizar Hayat, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (NIAMAT KHAN and 3 others — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Bashir Khan for Petitioners.
Headnotes / Summary
S. 497--Penal Code (XLV of 1860), Ss. 307 & 325/34--Bail, grant of--Injuries attributed to accused neither on vital part of body of injured nor declared dangerous to his life--Case needing further inquiry whether an offence under S.325 or 307, Penal Code, had been committed--Accused admitted to bail in circumstances. Abdul Rashid for the State.
Judgment & Decree
Muhammad Bashir Khan for Petitioners. Abdul Rashid for the State. Niamat Khan, Muhammad Iqbal, Shah Din and Eid Muhammad petitioners have been challaned under sections 447, 307, 325 read with section 34, P.P.C. by Dera Rahim Police. As they were refused bail by learned Additional Sessions Judge, Sahiwal on 30-8-1986, therefore, they have moved the instant petition for the grant of bail.
2. According to the prosecution, the petitioners in order to take possession of the disputed land attacked and injured Umar Din, Amanat Ali, Rehmat Ali, Irshad and Waryam who suffered, at their hands, as many as 33 injuries including one grievous hurt found on the person of Umar Din involving fracture of his right: arm and the other on the person of Amanat Ali whose left arm has been broken. The petitioners are arrested in the case since 11-7-1986.
3. It may be stated that in the instant case no F.I.R. had been registered. As a matter of fact Abdul Majid brother of Eid Muhammad, petitioner, had lodged F.I.R. No. 96/86 under sections 148, and 302/149, P.P.C. alleging that on the day of occurrence at 2 a.m. he alongwith his brother Eid Muhammad and Niamat Ali petitioners and Ashiq Hussain (deceased) were present in Square No. 67 of Chak No. 141/9-L talking to each other when Waryam, Irshad, Rehmat, Amanat, Umar Din and Mst. Inayat Bibi armed with Dangs came there raising Lalkaras and fell upon them and caused them injuries. They suffered fifteen injuries in all. Of which, five were on the person of Ashiq Hussain who died as a result thereof. Consequently, Waryam, Irshad, Rehmat, Amanat, Umar Din and Mst. Inayat Bibi have been challaned under sections 148 and 302/149, P.P.C.
4. It would be seen from the above narration that the petitioners have been challaned under section 307/325, P.P.C. for causing injuries to Umar Din and 4 others named above who have already been challaned in the murder case registered on behalf of the petitioners for causing the death of Ashiq Hussain (brother of Eid Muhammad petitioner). Two grievous hurt suffered by Umar Din and Ama6at Ali P.Ws. are neither on a vital part of their body nor specifically attributed to any petitioner. None of the injuries has been declared as dangerous to life either, therefore, it needs further enquiry whether an offence under section 325 or 307, P.P.C. has been committed.
5. For the above reasons, I feel inclined to allow this petition. The petitioners are directed to be released on bail subject to furnishing bail bonds in the sum of Rs.25,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Sahiwal. M.Y.H./N-90/L Bail granted.