1989 PLP 856 (MLD)
Malik NISAR‑‑Applicant Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 856 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Allahdino G. Memon, J |
| Parties | Malik NISAR‑‑Applicant Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 856 (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 1989 PLP 856 (MLD)?
The case was heard and decided by the Karachi bench comprising: Allahdino G. Memon, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 856 (MLD) (Malik NISAR‑‑Applicant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307‑‑Bail, grant of‑‑Injury infected by accused on stomach was grievous in nature‑‑Injured though, remained in hospital for 14 days, but medical certificate showed injury grievous in nature‑‑Case having not yet proceeded nor Medical Officer examined it would thus be premature to say anything or doubt the veracity of Medical Certificate‑‑No cafe for bail having been made out, bail application rejected. 1986 P Cr. L J 2716 and P L D 1989 Pesh. 31 ref. Ali Muhammad Sheth for Applicant. Abdul Ghafoor Mangi, AA.‑G. for the State.
Judgment & Decree
1986 P Cr. L J 2716 and P L D 1989 Pesh. 31 ref. Ali Muhammad Sheth for Applicant. Abdul Ghafoor Mangi, AA.‑G. for the State. The applicant is facing trial under section 307, P.P C. before the learned Sessions Judge, Karachi Central, on the allegation that he had brought some girls to his house on 19‑9‑1988, and when it was objected to by complainant Muhammad Hashim and others, the applicant took out a Chhuri from the fold of his Shalwar and gave blow to complainant on his stomach, The Medical Officer has opined that the injury was grievous in nature. The' applicant moved an application for bail before the learned trial Judge but the same was rejected on 3‑11‑1988. After some time he repeated the application and it was rejected on 13‑3‑1988. It was contended by Mr. Ali Muhammad Sheth learned counsel appearing for the applicant that the injury does not fall within the ambit of section 320, P.P.C. and, therefore, it will not be a case of section 326, P.P.C. and as such the applicant was not entitled to bail. The learned counsel in support of his contention has relied upon 1986 P Cr. L J 2716 and P L D 1989 Pesh.
31. Mr. Abdul Ghafoor Mangi, learned A.A.‑6. appearing for the State, has opposed the grant of bail to the applicant on the ground that on one hand the injury was on vital part of the body and on the other hand it was grievous in nature as opined by Medical Office. I have considered the contentions of the learned counsel. The Medical Certificate shows that the injury was on stomach and it was grievous in nature. No doubt as stated by the learned counsel appearing for the applicant the injured has remained in hospital for 14 days but medical certificate shows that the injury was grievous in nature and therefore, it will be premature to say anything or doubt the A veracity of the medical certificate as the case has not yet proceeded and Medical Officer has not been examined. In this View of the matter, I am of the considered view that no case for bail has been made out at this stage and application is accordingly rejected. However, since the applicant is in custody from 19‑9‑1988, I direct the learned trial Judge to examine at least complaint and Medical Officer within two months, and thereafter the applicant will be entitled to repeat his bail application. H.B.T./N‑164/K Bail application rejected.