YLR 2014

2014 PLP 187 (YLR)

MUHAMMAD SHABBIR — Petitioner Versus The STATE and another — Respondents

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No.5149-B of 2013, decided on 15th May, 2013.
Honorable Judges
Syed Muhammad Kazim Raza Shamsi, J
Case Reference Summary (AEO Optimized)
Citation 2014 PLP 187 (YLR)
Forum / Court Lahore
Bench Members Syed Muhammad Kazim Raza Shamsi, J
Parties MUHAMMAD SHABBIR — Petitioner Versus The STATE and another — Respondents
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2014 PLP 187 (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 2014 PLP 187 (YLR)?

The case was heard and decided by the Lahore bench comprising: Syed Muhammad Kazim Raza Shamsi, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2014 PLP 187 (YLR) (MUHAMMAD SHABBIR — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Tariq Mehmod for Petitioner.

Headnotes / Summary

S. 498

Penal Code (XLV of 1860), Ss.337-A(i), (iii), 337-F(i), 337-L(2), 354, 147 & 149

Causing Shajjah-i-Khafifah, Shajjah-i-Hashimah, Damiyah, Badi'ah

Anticipatory bail, refusal of

Contention of accused was that as case was of two versions, and the complainant party had suppressed the injuries while reporting the matter to the Police, accused was entitled for the benefit of concession of bail

Held, contention was untenable for the reason that in cross-version, simple injuries were attributed to the complainant side; and subsequently that cross-version was not accepted by the Investigating Agency, and same was cancelled

Accused remained unable to point out any mala fide on the part of the complainant to falsely implicate him in the case

Allegation against accused was that of fracturing the head bone of father of the complainant

Person of accused, in circumstances, was required for further investigation

Accused was not entitled for the concession of bail. Muhammad Ishaq, Deputy Prosecutor-General for the State. Mian Pervaiz Hussain for the Complainant. Muhammad Hanif, S.I. with record.

Judgment & Decree

SYED MUHAMMAD KAZIM RAZA SHAMSI, J.

Muhammad Shabbir, petitioner seeks anticipatory bail in case F.I.R. No.47 dated 16-3-2013 registered with Police Station Safdarabad District Sheikhupura under sections 337A(i), 337A(iii), 337F(i), 337L(2), 354, 147 and 149, P.P.C. having an allegation that he while armed with "Iron Mongli" with which he had caused an injury at the head of father of the complainant.

2. Parties heard. Record perused.

3. The learned counsel for the petitioner had attempted to say that regarding the occurrence, a cross-version was also registered at their instance and in this manner, the complainant party had suppressed the injuries while reporting the matter to the police, as such, it is a case of two versions and the petitioner is entitled for the benefit of concession of bail. This submission of the learned counsel is untenable for the reason that in that cross-version, simple injuries were attributed to the complainant side and subsequently that cross version was not accepted by the investigating agency and the same was cancelled. The petitioner remained unable to point out any mala fide on the part of the complainant to falsely implicate him in the case. He is an accused of fracturing the head bone of Ghualm Abbas, father of the complainant and further that his person is required for further investigations, as such, he is not entitled for the concession of bail. The petition in the circumstances, having no merits, is dismissed. HBT/M-257/L Bail refused.