2013 P Cr (PLP)
ASHIQ HUSSAIN alias AKHTAR — Petitioner Versus THE STATE and another — Respondents
| Citation | 2013 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ASHIQ HUSSAIN alias AKHTAR — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2013 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 P Cr (PLP) (ASHIQ HUSSAIN alias AKHTAR — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Haji Khalid Rehman for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 337-A(iii)/34
Shajjah-i-hashimah, common intention
Incorrect medical opinion
Police having knowledge of such opinion
Misconduct of police and complainant in regard to the case
F.I.R. had been recorded after a lapse of about thirty four (34) days
Injured was examined after about thirty (30) days of the incident but the doctor opined that probable duration between the injuries and examination was two to three hours, which should have been a sufficient ground for recommending the discharge of the case, but the police made the arrest and conducted investigation
Such conduct of the police spoke volumes about the misconduct on its part and also the mischievous conduct of the complainant
Even if the injured was presented for medical examination on the day alleged, the police should have registered the F.I.R. forthwith
In view of the conduct of the police and the complainant, bail petition of the accused was accepted and he was released on bail.
Judgment & Decree
IBAD-UR-REHMAN LODHI, J.
Through this petition, the petitioner seeks post-arrest bail in case F.I.R. No.3 of 2012 dated 4-1-2012 registered under sections 337-A(iii), 34, P.P.C. at Police Station Sahianwala District Faisalabad.
2. The occurrence according to the complainant took place on 1-12-2011 which was reported on 4-1-2012. According to Medico-legal Report available on record, the injured Faheem Ahmad Shahzad was produced before the Medical Officer on 31-12-2011 and after examining the person before him, the doctor opined with regard to the probable duration in between the injuries and examination as 2 to 3 hours. What is missing on the part of complainant or prosecution in this case, is the veracity.
3. Keeping in view the above conduct of the prosecution and the complainant, the petitioner, who has been arrested in this case and behind the bars is entitled to be released on bail.
4. In view of what has been discussed above, this petition is accepted and petitioner is ordered to be released on bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of trial Court.
5. While examining the record of the case, I have noticed that offence which according to the prosecution's own showing was committed on 1-12-2011 and was entered under section 154, Cr.P.C. with the police on 4-1-2012. The injured Faheem Ahmad Shahzad, however, got medically examined on 31-12-2011 and he was produced before the Medical Officer by the police. The doctor examining the injured gave probable duration in between the injuries and examination as to 2 to 3 hours. This speaks volume about the misconduct on the part of police and also the mischievous conduct of the complainant. If the injured was before the police even at least on 31-12-2011 and he was medically examined with the complaint of victim of criminal offence that criminal offence was to be registered forthwith and when it was registered the Investigating Officer has closed his eyes from the position that injuries which allegedly sustained by the injured on 1-12-2011 were declared by the doctor to have been sustained on 31-12-2011 from 4-00 p.m. to 7-00 p.m. This should be a sufficient ground for proceeding by the police to recommend discharge of the case but nevertheless the arrest was made, investigation was conducted and still the person allegedly involved in the crime was kept behind the bars.
6. D.I.-G. Faisalabad is directed to probe and conduct inquiry or to arrange some inquiry at the level of an officer of Superintendent of Police to ascertain the actual position in view of the facts narrated in para 4 above and the outcome of such inquiry would be intimated to this Court through the Deputy Registrar (Judicial) of this Court for perusal by the Court in Chamber. MWA/A-99/L Bail granted.