1993 PLP 1994 (SCMR)
ALLAH RAKHA alias BODI and another‑‑‑Petitioners Versus THE STATE and another‑‑‑Respondents
| Citation | 1993 PLP 1994 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Shafiur Rahman, Muhammad Afzal Lone and |
| Parties | ALLAH RAKHA alias BODI and another‑‑‑Petitioners Versus THE STATE and another‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 1994 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 1994 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Shafiur Rahman, Muhammad Afzal Lone and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 1994 (SCMR) (ALLAH RAKHA alias BODI and another‑‑‑Petitioners Versus THE STATE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Nabi Ahmad Cheema, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
- Date of hearing: 15th June, 1993.
- Nazir Ahmad Qureshi, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the order dated 31‑3‑1993 passed by the Lahore High Court in Cr. Mics. No. 174‑B/C/93). ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S337‑A(ii)‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail‑‑‑Accused were charged for having caused Shajah‑i -Mudihah (exposure of any bone of the victim without causing fracture) which did not fall within the prohibitory clause of 5.497, Cr.P.Cr‑‑Petition for leave to appeal was accordingly converted into appeal and the accused were released on bail. Nazir Ahmad Qureshi, Advocate Supreme Court for the State.
Judgment & Decree
MUHAMMAD RAFIQ TARAR, J.‑‑‑Allah Rakha alias Bodi and Iqbal alias Kaka petitioners seek leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 31‑3‑1993 whereby bail allowed to them by a learned Additional Sessions Judge in a case under section 337‑A (ii) of the P.P.C. was cancelled on the application made by respondent No.2, their father.
2. The prosecution version was that on 4‑10‑1992 the petitioners abused their father and injured him with brickbats.
3. The medical examination of Sardar Masih revealed three lacerated wounds and an abraded swelling, all simple in nature.
4. The petitioners were allowed bail by the learned Additional Sessions Judge vide order dated 2‑12‑1992 but the same was cancelled on the ground that he had not considered the aspect that the petitioners had caused injuries to their father and had also threatened to kill.
5. We have heard the learned counsel for the parties. The petitioners were charged for having caused Shajjah‑i‑Mudihah (exposure of any bone of the victim without causing fracture) which does not fall within the prohibitory clause of section 497 of the Cr.P.C. Accordingly we convert this petition into an appeal and allow it. The petitioners shall be released on bail subject to their furnishing security in the sum of Rs. 25,000 with two sureties in the like amount to the satisfaction of the trial Court. N.H.Q./A‑1028/S Appeal allowed