1998 PLP 1324 (MLD)
RAMZAN — Petitioner Versus HABIB-UR-REHMAN and another — Respondents
| Citation | 1998 PLP 1324 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | RAMZAN — Petitioner Versus HABIB-UR-REHMAN and another — Respondents |
Q1: What are the key laws and sections cited in 1998 PLP 1324 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1324 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1324 (MLD) (RAMZAN — Petitioner Versus HABIB-UR-REHMAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Qazi Muhammad Naeem assisted by Sardar Muhammad Nasim Khan for Petitioner.
Headnotes / Summary
S.497(5)
Penal Code (XLV of 1860), 5.324
West Pakistan Arms Ordinance (XX of 1965), S.13
Record had indicated that accused had recklessly fired on the complainant at his left wrist-joint and his wife by firing her in the abdomen and upper arm
Charge against accused was supported by medical evidence and statements of both injured persons
Accused also absconded in the proceedings of the case before Ilaqa Magistrate and could not be arrested despite of issuance of non-bailable warrants against him-- Accused having misused concession of bail, order granting bail to him by Court below was recalled, in circumstances.
Judgment & Decree
Qazi Muhammad Naeem assisted by Sardar Muhammad Nasim Khan for Petitioner. Mehdi Zaman Khan for the State. Accused-respondent Habib-ur-Rehman has been admitted to bail by an order, dated 10-4-1996 recorded by learned Sessions Judge, Abbottabad, which has been now impugned by the complainant in this case lodged under section 497(5), Cr.P.C.
2. Accused Habibur Rehman is charged in a case registered under section 324, P.P.C. He is charged for effective pistol firing on P.Ws. Ramzan and his wife Mst. Rukhsana. When the case proceeded for trial before the Ilaqa Magistrate the accused after attending some proceedings absconded himself so much so that the Court had to issue non-bailable warrants for his attendance. Anyhow, the accused in the meanwhile was arrested in another, case registered under section 13 of Arms Ordinance and has been lodged at District Jail, Abbottabad.
3. The learned counsel on behalf of the complainant stated that as the accused has not only fired effectively on the complainant and his wife but also absconded afterwards when the case proceeded before the Trial Court and thus, forfeited the concession of bail. That the case would have been now ended if the accused has not absconded before the Trial Court.
4. The record indicates that the accused recklessly fired on the complainant at left wrist joint and his wife by firing her in the abdomen and upper arm. The charge is supported by medical evidence and statements of both the injured persons. The accused also absconded in the proceedings of the case before the Ilaqa Magistrate and could not be arrested despite of the issuance of non-bailable warrants.
5. In this view of the matter, the accused having misused the concession of bail the impugned order of granting him bail on 10-4-1996 by the learned Sessions Judge is recalled. H.B.T./77/P Petition allowed.