2009 PLP 2397 (YLR)
MUHAMMAD IS'HAQ — Petitioner Versus THE STATE — Respondent
| Citation | 2009 PLP 2397 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Zulfiqar Ali Bokhari, J |
| Parties | MUHAMMAD IS'HAQ — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 2397 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 2397 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Zulfiqar Ali Bokhari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 2397 (YLR) (MUHAMMAD IS'HAQ — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Agha I. A. Imran for Petitioner.
- Ch. Abdul Razzaq, Dy. P.-G. with Liaqat Ali, S.-I. for Respondent.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), Ss.324, 427, 337-F(iii), 109, 148 & 149
Occurrence had taken place within the heart of the city in the .darkness of night, but case was' reported to the Police with delay of one day without any plausible explanation for such delay, when the distance of place of occurrence from the Police Station was only 2-1/2 kilometers--Injury attributed to accused did not fall within the prohibitory clause of S.497, Cr.P.C.
Accused was previous non-convict and remained fugitive from law for six months, but he was behind the bars since more than two years
Challan was submitted, but, trial had not commenced even after more than two years of arrest of accused
Every accused is presumed to be innocent until his guilt was established after the trial
Bail of accused could not be withheld as punishment before his conviction
Judgment & Decree
SYED ZULFIQAR ALI BOKHARI, J.
This is a petition for grant of post-arrest bail in case F.I.R. No.667/2006 dated 24-12-2006 under sections 324, 427, 337-F3/109/148/149 P.P.C. Police Station Peoples Colony, Gujranwala.
2. Allegation against the petitioner is that he being member of unlawful assembly gave Butt blow of rifle which hit on the right leg of Ijaz Ahmad.
3. Counsel for the petitioner contends that the petitioner in above said case was arrested on 22-7-2007 but trial has not been commenced. He further submits that there is conflict between the medical evidence and ocular account which prima facie reveals from the medical report. He submits that injury attributed to the petitioner falls under section 337-F3 which does not fall within the prohibitory clause of section 497, Cr.P.C.
4. On the other hand D.P.G. opposed grant of bail to the petitioner on the ground that the petitioner was nominated in the F.I.R. with specific role. He caused fracture in the right leg of Ijaz Ahmad, injured P.W. Rifle was recovered from him. He submits that petitioner remained fugitive of law for more than six months. Challan against the -petitioner was submitted on 10-8-2007. He prayed for dismissal of bail application.
5. I have heard counsel for the parties and perused the record. Occurrence was taken place within heart of city during the darkness of night but case was reported to the police with delay of one day. There was no plausible explanation by the complainant for lodging of F.I.R. with delay of one day when the distance of place of occurrence from the police station was 2 kilo meters. Injury attributed to the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C. Petitioner is previous non-convict. Petitioner remained fugitive from law for six months but now he is behind the bars since more than two years. Challan was submitted on 10-3-2007 but trial has not commenced even after more than two years of his arrest. Every accused is innocent until his guilt is established, after the trial, beyond any shadow of reasonable doubt. The bail of an accused cannot be withheld as punishment before his conviction.
6. For what has been discussed above this petition is allowed and the petitioner is admitted to post-arrest 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 trial Court. H.B.T./M-732/L Bail granted.