2016 PLP 907 (SCMR)
ABID — Petitioner Versus The STATE and others — Respondents
| Citation | 2016 PLP 907 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ijaz Ahmed Chaudhry and Iqbal Hameedur Rahman, JJ |
| Parties | ABID — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2016 PLP 907 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 907 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ijaz Ahmed Chaudhry and Iqbal Hameedur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 907 (SCMR) (ABID — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hammad Akbar Wallana, Senior Advocate Supreme Court for Petitioner.
- Date of hearing: 11th June, 2015.
Headnotes / Summary
(Against the order dated 8-4-2015 passed by the Lahore High Court, Lahore in Crl. Misc. No. 3164-B of 2015)
S. 497
Penal Code (XLV of 1860), Ss. 302, 324, 148, 149, 337-A(i), 337-A(ii), 337-F(iii), 337-F(vi) & 337-L(2)
Qatl-i-amd, intention to commit qatl-i-amd
Allegation of firing at chest of deceased
Bailable offences
Injuries attributed to accused fell within the purview of Ss. 337-F(i) & 337-A(i), P.P.C., which were bailable offences
Co-accused who had also been attributed firearm injuries had already been allowed bail, therefore case of accused being at par with the said co-accused, also deserved the same treatment
Accused was released on bail in such circumstances. Asjad Javaid Ghural, Additional P.-G. Punjab for the State.
Judgment & Decree
IJAZ AHMED CHAUDHRY, J.
Through the instant petition the petitioner seeks setting aside of the order dated 8.04.2015 through which Crl. Misc. No. 3164-B/15, filed by the petitioner for bail after arrest, has been dismissed by the learned High Court. The petitioner is an accused in case FIR No.317 dated 20.07.2014 registered under sections 302, 324, 337-A(i)(ii), 337-F(iii)(vi), 337-L(2), 148 and 149, P.P.C. at Police Station Saddar Phool Nagar, District Kasur. According to the contents of the FIR seven accused including the petitioner duly armed with pistol fired at the complainant party. The allegation against the petitioner is that he armed with .12 pistol fired at Naseer Ahmed which hit him on his chest while the other co-accused also made fire causing injuries to the other witnesses.
2. Learned counsel for the petitioner contends that the injuries attributed to the petitioner are simple in nature; that co-accused of the petitioner namely Shafique alias Zafra, who had also been attributed firearm injuries, has already been allowed bail by the learned High Court; that the case of the present petitioner is at per with that of his co-accused therefore, following the rule of consistency, he may kindly be allowed bail.
3. The learned Additional Prosecutor General while opposing the bail of the petitioner states that injuries attributed to the petitioner were on the vital parts of the body of the victim and the petitioner deserves no leniency.
4. We have heard the arguments of the learned counsel for the parties and have perused the record as well as the impugned order. The injuries attributed to the petitioner fall within the purview of sections 337-F(i) and 337-A(i) which are bailable. Since the co-accused of the petitioner, who had also been attributed firearm injuries, has already been allowed bail therefore, the case of the petitioner, being at par with that of his co-accused, also deserves the same treatment as such the petitioner is entitled to bail. Hence this petition is converted into appeal and allowed. The petitioner shall be released subject to his furnishing bail bonds in the sum of Rs. 200,000/- with two sureties in the like amount to the satisfaction of the learned trial Court. MWA/A-8/SC Bail granted.