2009 PLP 985 (YLR)
MUHAMMAD ASLAM and others — Petitioners Versus THE STATE — Respondent
| Citation | 2009 PLP 985 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khurshid Anwar Bhinder, J |
| Parties | MUHAMMAD ASLAM and others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 985 (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 985 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khurshid Anwar Bhinder, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 985 (YLR) (MUHAMMAD ASLAM and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Nawab Ali Mayo for Petitioners.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), Ss.337-F(vi)/337-L(ii), 148 & 149
Prima facie it had been established on record that the injury attributed to co-accused was not found on the left wrist of injured as per medico-legal report which made the prosecution case against co-accused highly doubtful
Accused had allegedly caused blunt weapon injury on the back side of injured which had been declared simple by the doctor
Four co-accused having been granted bail by the High Court, rule of consistency required that accused person should also be released on bail
Accused were admitted to bail, in circumstances. Shafqatullah Butt, D.P.-G. for the State.
Judgment & Decree
KHURSHID ANWAR BHINDER, J.
Petitioners seek post-arrest bail in case F.I.R. No.447 dated 13-10-2007 registered under sections 337-A(ii)/337-F(vi)/337-L(ii)/148/149 P.P.C, at Police Station 18-Hazari, Tehsil and District Mang.
2. Precise allegations against the petitioners are that they on 13-10-2007 along with their accomplices had launched attack on the complainant party and injured them.
3. Learned counsel for the petitioners submits that Ijaz petitioner was attributed injury on the left wrist of Ghulam Farid but according to the MLR no injury w as found by the doctor on the left wrist of Ghulam Farid. Muhammad Aslam petitioner is alleged to have caused injury on the back side of head of Ghulam Yasin but the same was declared simple by the doctor. He further submits that the petitioners are behind the bars for the last seven months and the offences with which they have been charged to do not fall within the prohibitory clause of section 497, Cr. P. C. He also submits that four co-accused of the present petitioners, namely, Azhar, Tassawar, Ahmad and Jabbar have been granted bail by this Court, therefore, rule of consistency demands that the petitioners should also be released on bail.
4. Learned D.P.G. has very fairly assisted this Court and submits that four co-accused of the present petitioners, namely, Azhar Tassawar, Ahmad and Jabbar having similar allegations have been enlarged on bail by this Court.
5. I have heard the learned counsel for the petitioners as well as the learned D.P.G. for the State and have also perused the record. Prima facie it has been established on record that the injury attributed to Ijaz petitioner was not found at the left wrist of Ghulam Farid as per MLR which makes the prosecution case against Ijaz petitioner highly doubtful. As far as case of Muhammad Aslam is concerned, he had caused blunt weapon injury on the back side of head of Ghulam Yasin which has been declared simple by the doctor. Moreover, four co-accused of the present petitioners have been granted bail by this Court vide order dated 30-1-2008 passed in Crl. Misc. No.46-B/2008, therefore, rule of consistency requires that the present petitioners should also be released on bail. 6 Under the circumstances, I allow this petition and admit both the petitioners to bail subject to their furnishing bail bonds in the sum of Rs.50,000 each with two sureties each in the like amount each to the satisfaction of the learned trial Court. H.B.T./N-137/L Bail granted.