980 PLP 369 (SCMR)
GUL ARAB-Petitioner Versus ADAM KHAN AND 2 OTHERS-Respondents
| Citation | 980 PLP 369 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | GUL ARAB-Petitioner Versus ADAM KHAN AND 2 OTHERS-Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 980 PLP 369 (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 980 PLP 369 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 980 PLP 369 (SCMR) (GUL ARAB-Petitioner Versus ADAM KHAN AND 2 OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Muhammad Younis Shah, Advocate instructed by M. Qasim Imam, Advocate-on-Record (absent) for Petitioner.
- Nemo for Respondents.
- Date of hearing : 12th December, 1979.
- Mian Muhammad Younis Shah, Advocate instructed by M. Qasim Imam, Advocate‑on‑Record (absent) for Petitioner.
Headnotes / Summary
(On appeal from the judgment and order of the Peshawar High Court dated 30-10-79. in Cr. Misc. 790 of 1979). -- S. 497-Petitioner seeking leave to appeal against order granting1bail on ground that from nature of injuries sustained by him, case clearly fell within ambit of S. 307, P. P. C. as shots fired at proved effective Grant of bail being primarily a matter ,of discretion for High Court, no interference, held, required in matter, in circumstances.
Judgment & Decree
ANWARUL HAQ, C: J.‑The petitioner is aggrieved by an order made by a learned Judge of the Peshawar High Court on the 30th of October, 1979, by which he has allowed bail to the respondents Alam Khan and Ahmad Khan in a case' pending against them under section 307 of the Pakistan Penal Code read with section 34 thereof, for causing fire‑arm injuries‑to the petitioner during the course of an incident which took place at g‑00 a. m. on the 28th of June, 1979. The learned Judge has observed that the circumstances show that the occurrence had taken place all of a sudden; and in the normal course of human conduct it is not conceivable that in the absence of any previous enmity or motive there should have been no prior altercation between the parties. He has further stated that it is possible that the offence, if any, committed by the respondents may fall under section 308 of the P. P. C., and this was a matter which would require consideration at the proper time. In seeking leave to appeal against this order, it is submitted by Mr. Muhammad Younis Shah that from the nature of the injuries sustained by the petitioner it is evident that the case clearly fell within the ambit of section 307 of the P. P. C. as the shots fired` at the petitioner had proved effective, as one shot had hit the petitioner on the outer aspect of the left shoulder and the second shot hit him at the root of the neck above the left shoulder. The learned counsel contends that in view of the nature of the injuries sustained by the petitioner, the High Court was clearly, in error in thinking that the offence `might fall under section 308 of the Penal Code. After hearing the learned counsel for the petitioner we are of the view that as the grant of bail was primarily a matter of discretion for the High Court, and it has given reasons for its exercise, this is not a fit case for our interference in the matter. In the circumstances, the view taken by the learned Judge was possible on the material at present available on their record, Accordingly, this petition fails and is hereby dismissed. Petition dismissed.