1999 PLP 1397 (MLD)
FAZAL SAID and others — Petitioners Versus THE STATE and others — Respondents
| Citation | 1999 PLP 1397 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | FAZAL SAID and others — Petitioners Versus THE STATE and others — Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 1397 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1397 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1397 (MLD) (FAZAL SAID and others — Petitioners Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nawabzada Saleem Dil for Petitioners.
- Wali Khan Afridi for Respondent No.2.
- 4. Nawabzada Sleem Dil Khan, Advocate learned counsel for the petitioners, Kh: Azhar Rshid, learned Assistant Advocate-General for the State and Mr. Wali Khan Afridi, Advocate learned counsel for the complainant present and heard. Record of the case perused.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.337-A(i)/337-A(vi)/324/34
F.I.R. was lodged after a delay of one day
Three different medical reports of the injured witness had been obtained by Police within a short span of time from the Doctor
Case of accused fell under S.337-A(i), P.P.C. for which maximum punishment was two years' R.I.
Prohibitory clause of S. 497(1), Cr.P.C was not attracted to the case of accused
Judgment & Decree
Tab Voven 1 + 1 + 1 50 mg Cap: Fefolvit. Tab; Rebxin Dressing done, Date: 28-3-1998 (Sd.) Rehana W.M.O R.H.C, Gulabad
7. Thereafter, a second report was obtained from her which reads as under:-- "The weapons used are blunt stone and the injuries are dangerous to life and the patient is referred to Peshawar for investigation. (Sd.) Rehana W.M.O. R.H.C. Gulabad.
8. This report is not only signed by the said doctor (Rehana Zohra) but is also sealed.
9. It, however, appears that these two reports did not serve the purpose of the Police/complainant and, therefore, a third report was obtained from the said Doctor (Rehna Zohra) which is to the following effect:-- "The case is serious as the patient is vomiting and is painful. The patient is serious and is referred to L.R.H. Neuro-Surgical Unit, Peshawar. (Sd.) Rehana,
10. This report has only been initialled i.e., it has neither been signed nor sealed
11. Unfortunately, there is nothing on the file to suggest that the patient was in fact taken to the Lady Reading Hospital, Peshawar and examined there.
12. It is a matter of regret that a Lady Doctor who is posted as a Medical Officer in one of the Hospital should be giving three different reports and that, too, in such a short span of time. This clearly indicates that something is wrong somewhere. Accordingly, I would direct that a copy of this order be sent to the Secretary, to Government of N.-W.F.P., Health Department with the direction to hold a proper enquiry and to find out as to what prompted the Lady Doctor to give three different reports. The enquiry report should be sent to this Court within 2 months positively. The Additional Registrar (Judicial) shall see that the orders of this Court are complied with within 2 months.
13. In the circumstances, without dilating upon the merits of the case, at this stage, I am of view that the case of he petitioners falls under section 37-A(i), for which the maximum punishment is two years. Since the case of the petitioners does not fall under the prohibitory clause of section 497, Cr.P.C., therefore, this bail petition is accepted.
14. All the four petitioners shall be released forthwith, if not required in any other case, provided they furnish bail bonds in the sum of Rs.1,00,000 (Rs. One lac) with two sureties each, in the like amount, to the satisfaction of the Additional Registrar (Judicial) of this Court.
15. The Additional Registrar (Judicial) shall see that the sureties are respectable persons and are men of means having sufficient property in their names and also hail from District Dir. 16 The attested photostat copies of their identity cards/property documents shall be obtained and placed on file for record. N.H.Q./139/P Bail allowed.