2007 PLP 1249 (YLR)
QAMAR ABBAS alias BASU — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 1249 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Jehangir Arshad, J |
| Parties | QAMAR ABBAS alias BASU — Petitioner Versus THE STATE — Respondent |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1249 (YLR)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1249 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Jehangir Arshad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1249 (YLR) (QAMAR ABBAS alias BASU — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Aziz Khan Niazi for Petitioner.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.337-A(i), 337-F(i) & 337-L(ii)
Contents of the F.I.R. as well as medical report showed that injuries attributed to both accused persons, were covered by Ss.337-A(i), 337-F(i) & 337-L(ii), P.P.C., punishable either with one or two years
Concession of bail before arrest, in circumstances could not be refused to accused, their pre-arrest bail, was confirmed, in circumstances.
S. 498
Penal Code (XLV of 1860), S.337-A(v)
Bail before arrest, refusal of
Case of co-accused was distinguishable from other two accused who were granted bail as he was guilty of repeated injuries with "Sarria "
Case of co-accused was covered by S. 337 A(v), P.P.C. punishable with five years, though same was not within the prohibitory clause of S.497, Cr.P.C., but because of repeated injuries inflicted by him, he was not entitled to concession of pre-arrest bail which was extraordinary in nature
Interim bail granted to said co-accused earlier, was recalled. Muhammad Anwarul Haq for the State. Rana Jehanzeb for the Complainant. Tahir Mehmood, A.S.-I.
Judgment & Decree
MUHAMMAD JEHANGIR ARSHAD, J.
This single order will dispose of Criminal Miscellaneous No.1875-B of 2006 titled as "Qamar Abbas alias Basu v. The State" and Criminal Miscellaneous No.1519-B of 2006 titled as "Muhammad Yasin and others v. The State" arising out of same F.I.R. No.332 of 2006 dated 25-4-2006 registered under sections 337-A(i), 337-A(ii), 337-F(i), 337-L(ii)/34, P.P.C. Police Station, New Multan.
2. Qamar Abbas, Muhammad Yasin and Sajid petitioners in both the petitions seek their pre-arrest bail in the above mentioned case on the ground that except Sajid petitioner injuries attributed to the remaining two petitioners are covered by sections 3377A(i), 337-F(i) and 337-L (ii) which are punishable with one year R.I., hence are bailable. However, injury attributed to petitioner Sajid is covered by section 337-A(v) which is punishable with five years but the same does not fall within the prohibitory clause, hence the petitioners are entitled for the confirmation of their pre-arrest bail granted by this Court.
3. On the other hand, learned counsel for the complainant as well as the State have vehemently opposed this application by arguing that Sajid petitioner is guilty of repeating 'Sarria' blow and thus was not entitled to concession of bail before arrest whereas the remaining petitioners acted in furtherance of their common intention with Sajid.
4. Arguments considered. Record perused.
5. From the contents of the F.I.R. as well as the medical report injuries attributed to Qamar Abbas and Muhammad Yasin are covered by section 337-A(i), 337-F(i) and 337-L(ii) and are punishable either with one or two years thus the concession of bail before arrest cannot be refused to them. To this extent application of Qamar Abbas and Muhammad Yasin petitioners is allowed and their pre-arrest bail is confirmed subject to their furnishing bail bonds in the sum of Rs.30,000 each with one surety each in the like amount to the satisfaction of learned trial Court within ten days. However, the case of Sajid petitioner is distinguishable he is guilty of causing repeated injuries with 'Sarria' and thus he is not entitled to the concession of pre-arrest bail which is extraordinary in nature. Therefore, this application to the extent of Sajid petitioner is refused and the interim bail granted to him earlier is recalled. H.B.T./Q-10/L Order accordingly.