2005 PLP 794 (YLR)
KHALID MAHMOOD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2005 PLP 794 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Iftikhar Hussain Chaudhry, J |
| Parties | KHALID MAHMOOD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 PLP 794 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 794 (YLR)?
The case was heard and decided by the Lahore bench comprising: Iftikhar Hussain Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 794 (YLR) (KHALID MAHMOOD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Sadaqat Ali for Petitioner.
- Date of hearing: 6th July, 2004.
Headnotes / Summary
‑‑‑‑Ss. 324, 331, 336 & 452‑‑‑Payment of `Arsh' to victim‑‑‑Release of accused to make arrangement for payment of amount of Arsh‑‑‑Accused allegedly had caused permanent disfigurement of face of female victim and permanent disfigurement of body of male victim‑‑‑Accused who was awarded various sentences was also directed to pay `Arsh' amount to victims‑‑‑Female victim tendered 'Afu' to accused and waived her right to get 'Arsh' amount from accused, but accused was yet to pay Arsh amounting to Rs.3, 60, 000 to male victim‑‑‑Petition filed by accused under S. 331, P. P. C. for his release to make arrangement for payment of said amount, to victim was accepted and accused was ordered to be released from custody for a period of three years‑‑‑During that period of three years accused would pay amount of Arsh to victim in instalments‑‑‑In case accused failed to compensate victim fully during said period of three years, he would be taken into custody and committed to prison till he would pay amount of Arsh to victim. M. Saleem Shad for the State.
Judgment & Decree
Ch. Sadaqat Ali for Petitioner. M. Saleem Shad for the State. Date of hearing: 6th July, 2004. Petitioner is a convict in case F.I. R. No. 204 of 1997 under sections 324, 452, 336, P.P.C., Police Station Saddar Daska, District Sialkot. He was awarded various sentences and was also directed to pay Arsh amounting to Rs.2,40,000 for causing permanent disfigurement of face of Mst. Parveen Akhtar. He was also directed to pay Arsh amounting to Rs.3,60,000 for causing permanent disfigurement of the body of Umair Ali victim.
2. Petitioner filed Criminal Appeal No. 146 of 1999 in this Court. The appeal was disposed of on the basis of compromise, when Mst. Parveen Akhtar tendered `Afu' to petitioner and waived her right to get Arsh from petitioner. However, petitioner is yet to pay Arsh amounting to Rs.3,60,000 to Umair Ali.
3. Present petition has been submitted under section 331, P. P. C. for release of the petitioner, so that he could make arrangement for making payment to Umair Ali.
4. Notice of the petition was issued to the State. Learned counsel for the parties have been heard today.
5. The petition is allowed. Petitioner shall be released from custody for a period of three years. During this period he shall pay the amount of Arsh amounting to Rs.3,60,000 to Umair Ali or may deposit this amount in instalment in the trial Court within a period of three years. Petitioner shall be released from custody subject to furnishing security amounting to Rs.3,60,000 to the satisfaction of trial Court and also bail bonds for the same amount with one surety also to the, petitioner fails to compensate the victim fully during the period of three years, he shall be taken into custody and committed to prison till he pays the amount of Arsh to the victim. H.B.T./K‑58/L Petition allowed.