1999 P Cr (PLP)
MUHAMMAD ASHRAF‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents
| Citation | 1999 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | Abdur Rauf Lughmani, J |
| Parties | MUHAMMAD ASHRAF‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1999 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: Abdur Rauf Lughmani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 P Cr (PLP) (MUHAMMAD ASHRAF‑‑‑Petitioner Versus THE STATE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Waheed Anjum for Petitioner.
- Date of hearing: 27th October, 1998.
Headnotes / Summary
‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.337‑A(ii)/337‑F(ii)(iii)/337‑La)‑‑ Bail, grant of‑‑‑Offences with which the accused was charged did not fall within the prohibitory clause of S.497(1), Cr.P.C.‑‑‑Nothing was available on record to infer that the accused was a previous convict, a habitual or hardened criminal or a desperate person‑‑‑Accused was admitted to bail in circumstances. Allah Rakha v. State 1993 SCMR 1994 and Mir Ahmad Gul and others v. The State 1996 SCMR 979 ref. S. Saeed Hassan Sherazi, A.A.‑G. for the State. Muhammad Karim Anjum for the Complainant.
Judgment & Decree
Date of hearing: 27th October, 1998. Petitioner, Muhammad Ashraf was refused bail in case under sections 337‑A(ii); 337‑F(ii), (iii) and 337‑L(i), P.P.C., registered vide F.I.R. No. 154, dated 8‑8‑1998 at Police Station Paharpur, by the Judicial Magistrate in the first instant and then by the Court of Session, vide orders, dated 7‑9‑1998 and 25‑9‑1998, respectively. Complainant, Saif‑ur‑Rehman, blamed petitioner for giving him blows with knife on the eventful morning at about 8‑00 a.m. in presence of Allah Bakhsh, who rescued him from clutches of the accused. Motive is stated to be that accused entertained doubt that he (complainant) has tryst with his sister.
2. The complainant suffered following injuries: (1) One lacerated wound size left side above the left eye. Bone is exposed. Size 1 c.m. x 1/2 c.m. (2) Stab wound left hypochondrim size 1/2 x 1/4 c.m. (3) Single lacerated wound size 1/2 c.m. x 1/8 c.m. on left shoulder. (4) Stab wound on back posteriorly near inferior borber of right scapula size 1/2 c.m. x 1/8 c.m. (5) Stab wound on left side of back near inferior angle of left scapula. Bone deep. Later on, the Doctor finally described injury No.1 Shujjah‑i‑Madihah, injury No.2 Ghayr‑Jafah Mutalahimah, injuries Nos.3 and 4 Ghayr Jaifah Badiah while injury No.5 Ghayr Jaifah Mudhah. All the injuries are punishable with three or five years imprisonment. Even section 337‑L(i) entails penalty of seven years. The offences with which the petitioner is charged do not fall within the prohibitory clause of section of 497(i), Cr.P.C. In case of Allah Rakha v. State 1993 SCMR 1994, bail was granted to the accused of an offence punishable under section 337‑A(ii), P.P.C. on the reason that the offence do not fall within the prohibitory limb of section 497, Cr.P.C. Again, in case of Mir Ahmad Gul etc. v. The State 1996 SCMR 979 the petitioner, accused of an offence under section 337‑F(ii), P.P.C. was granted bail on similar grounds. There is nothing on the record to infer that the petitioner is a previous convict, habitual or hardened criminal. Likewise, nothing is on record to suggest that he is a desperate person. I would, therefore, admit the petitioner to bail in the sum of Rs. one lac with two sureties in the like amount each to the satisfaction of the trial Court, who shall see that the sureties are local, reliable and men of N.H.Q./293/P Bail allowed