2008 PLP 2884 (YLR)
NOOR MUHAMMAD alias NOOR AHMAD and another — Petitioners Versus THE STATE — Respondent
| Citation | 2008 PLP 2884 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Ahsan Bhoon, J |
| Parties | NOOR MUHAMMAD alias NOOR AHMAD and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 2884 (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 2008 PLP 2884 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Ahsan Bhoon, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 2884 (YLR) (NOOR MUHAMMAD alias NOOR AHMAD and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Abdus Saleem for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss. 337-A(ii), 337-L(b), 337-F (iii), 354, 379, 338-B, 148, 149 & 109
Allegation against co-accused was that he inflicted blow from the wrong side of hatchet hitting head of injured prosecution witness; whereas no role in the F.I.R. had been attributed to accused
Injury attributed to co-accused fell within purview of S.337-A(ii), P. P. C. and punishment provided for the same was five years and he was behind the bars for the last about 8 months
Offences mentioned in the F.I.R., no doubt fell within prohibitory clause of S.497, Cr. P. C. but the allegation levelled against accused was found false in view of the opinion by the Medical Board
Application of S.338-B, P.P.C. therefore, required further inquiry
Thirteen persons were named in the F.I.R. and the litigation was already pending between the parties
Case of accused persons falling within the ambit of subsection (2) of S. 497, Cr. P. C., they were admitted to bail, in circumstances. Adeel Aqil Mirza, D.P.G. with Muhammad Ilyas, A.S.-I.
Judgment & Decree
MUHAMMAD AHSAN BHOON, J.
Petitioners seek post-arrest bail in case F.I.R. No.148 of 2007, dated 1-5-2007 offence under sections 337-A(ii), 337-L(b), 337-F(iii), 354, 379, 338-B, 148, 149 and 109, P.P.C. registered with Police Station, Garh, Tehsil Tandlianwala, District Faisalabad.
2. As per contents of the F.I.R., the allegation against petitioner, Allah Ditta is that he inflicted blow from the wrong side of hatchet hitting head of Fazil, injured P.W., whereas no role in the whole F.I.R. has been given to the petitioner Noor Muhammad. The injury attributed to petitioner Allah Dita falls within purview of section 337-A(ii) and punishment provided for the same is five years and he is behind the bars since 17-8-2007.
3. After hearing the learned counsel for the parties and going through the record, I have found that name of the offences mentioned in the F.I.R. falls within prohibitory clause, coupled with the fact the Medical Board constituted for the re-examination of Mst. Rukhsana Bibi gave the opinion that it could not be relied upon that injured might have aborted after eight weeks. So the allegation levelled was found false in view of the opinion by the Board constituted by Medical Superintendent, DHQ Hospital, Faisalabad. Thus the applications of section 338-B, P.P.C. also requires further inquiry at this stage. There is 13 persons named in the F.I.R. and the litigation is already pending between the parties. So the case of the petitioners fall within the ambit of subsection (2) of section 497, Cr. P. C.
4. For what has been discussed above, this petition is allowed and petitioners are granted post-arrest bail subject to their furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court. H.B.T./N-44/L Bail granted.