2010 P Cr (PLP)
FAISAL NAWAZ — Petitioner Versus THE STATE and another — Respondents
| Citation | 2010 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | FAISAL NAWAZ — 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 2010 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 2010 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: 2010 P Cr (PLP) (FAISAL NAWAZ — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Ehsan-ul-Haq Natt for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.324, 34, 109, 337-F(i), 337-F(iii) & 337-F(v)
Attempt to commit qatl-e-amd; act, done in furtherance of common intention; ghair-jaifah mudihah, mutalahima and hashimah
Accused, as per F.I.R., fired two pistol shots hitting non-vital parts of the complainant's son
Whether the accused had committed the alleged offence under S.324, P.P.C. would be proved at. trial, his case, therefore, was covered by mischief of subsection (2) of S. 497, Cr.P.C.
Other offences allegedly committed by the accused did not fall within the prohibitory clause of S.497(1), Cr.P.C.
Accused was behind the bars for last five months and was previous non-convict; his trial had commenced
Judgment & Decree
CH. IFTIKHAR HUSSAIN, J.
Petitioner Faisal Nawaz by way of the instant petition has' sought for after-arrest bail in case F.I.R. No.170 originally registered under sections 324/34/109, P.P.C. with Police Station Kot Ladha, District Gujranwala on 19-8-2009. Later on the police is said to have added the offence under sections 337-F(i)/ 337-F(iii) and 337-F(v), P.P.C. in the same.
2. The facts of the case were recorded in Criminal Misc. No.1282-B of 2010 of his co-accused Muhammad Azhar on 22-2-2010. I, therefore, avoid to repeat the same here.
3. After hearing the learned counsel for the parties and perusing the record, I find that as per the F.I.R., he has fired pistol shot at Muhammad Shoaibullah, the son of the complainant hitting on his right leg. He fired another pistol shot at him hitting on the same leg. This simply shows that both these fires, if it may be so, had hit the non-vital part of the body of the said injured. Hence, the question that if he ultimately can be held liable for the offence under section 324, P.P.C. of attempt to commit the Qatl-e-Amd of the said injured, would be seen at trial. His case, therefore, is covered within the mischief of subsection (2) of section 497, Cr.P.C.
4. The rest of the offences against him are not covered within the prohibitory clause of section 497 (1), Cr.P.C.
5. He is stated to be behind the bars for the last more than five months and a previous non-convict. His trial statedly has commenced. This aspect was considered by this Court in the similar matter of his aforesaid co-accused Muhammad Azhar and it was observed that such a position may not be a clog in the way of grant of bail.
6. In these circumstances of the case, I have been persuaded to hold that the (petitioner) has succeeded to make out a case for bail.
7. I, therefore, accept this petition and admit him to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees two lac) with one surety in the like amount to the satisfaction of the learned trial court.
8. It is, however, clarified that the above observations are tentative in nature and meant only for the disposal of the matter in hand. These shall have no bearing at all on any body's case at any subsequent stage. A.R.K./F-17/L???????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.