2017 PLP 1172 (MLD)
SAJJAD HUSSAIN — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 1172 (MLD) |
| Forum / Court | Lahore (Multan Bench) |
| Bench Members | N/A |
| Parties | SAJJAD HUSSAIN — 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 2017 PLP 1172 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 1172 (MLD)?
The case was heard and decided by the Lahore (Multan Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 1172 (MLD) (SAJJAD HUSSAIN — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Prince Rehan Iftikhar Sheikh for Petitioner.
Headnotes / Summary
S. 497
Penal Code (V of 1898), Ss. 337-A(ii), 337-A(i), 337-F(v), 337-L(2), 334, 148 & 149
Shajjah-i-mudihah,shajjah-i-khafifah, hashimah, hurt which endangers life or which causes sufferer for remain severe bodily pain or renders him unable to follow his ordinary pursuits for twenty days or more, itlaf-i-udw, rioting armed with deadly weapon, unlawful assembly
Allegations against the accused were that he, while armed with club along with co-accused persons equipped with different weapons caused injuries to complainant's mother and others
Blunt weapon injury assigned to present accused on right hand of injured constituted offence punishable under S. 337-F(v) of Penal Code, 1860 that carried maximum sentence of imprisonment exceeding up to five years, being so, did not fall within prohibitory clause of S. 497 of Cr.P.C.
Case was of two versions as accused side had also sustained injuries at the hands of complainant party during occurrence
Accused was having no previous criminal record and was behind the bars since his arrest on 26.10.2016 though not required for investigation purpose
Conclusion of trial was not in sight and keeping accused incarcerated till indefinite period was not likely to serve any useful purpose
Accused was not a desperate and hardened criminal as admitted by Prosecutor during the arguments
Accused had no previous criminal record and offence alleged was not of heinous nature
Absconsion of accused could not disentitle him to grant of post arrest bail
Bail was granted accordingly.
Judgment & Decree
SYED SHAHBAZ ALI RIZVI, J.
Through this petition, Sajjad Hussain the petitioner seeks post arrest bail in case FIR No.60 dated 04.02.2015 registered for offences under sections 337-A(2), 337-A(i), 337-F(v), 337-L(ii), 334, 148 & 149 of Pakistan Penal Code, 1860, at Police Station Khangarh, District Muzaffargarh.
2. Succinctly, the allegation against the petitioner as per story narrated in the crime report is that on 03.02.2015 at 07:00 a.m. he while armed with club along with his co-accused persons also equipped with different weapons caused injuries to the complainant's mother and others.
3. Arguments heard. Record perused.
4. The blunt weapon injury assigned to the present petitioner on right hand of injured Muhammad Ismail constitutes offence punishable under section 337-F(v) of Pakistan Penal Code, 1860 that carries maximum sentence of imprisonment exceeding up to five years, being so, does not fall within the prohibitory clause of Section 497 of The Code of Criminal Procedure, 1898. It is a case of two versions as the petitioner/accused side also sustained injuries at the hands of complainant party during the occurrence. Petitioner is having no previous criminal record and is behind the bars since his arrest on 26.10.2016 though not required for investigation purpose. Conclusion of trial is not in sight and keeping him incarcerated till indefinite period is not likely to serve any useful purpose. Keeping in view the fact that the petitioner is not a desperate and hardened criminal as admitted by the learned Prosecutor during the arguments on the ground that the petitioner is having no previous criminal record and the offence alleged is not of heinous nature, this Court is of the opinion that absconsion of the petitioner only is not a sufficient feature that could disentitle him to the grant of post arrest bail, in the circumstances of this case. Hence, the instant petition is allowed and petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000/- with two sureties each in the like amount to the satisfaction of learned trial Court. WA/S-16/L Bail granted.