2020 PLP 1241 (SCMR)
NAJEEB ULLAH — Petitioner Versus The STATE and another — Respondents
| Citation | 2020 PLP 1241 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik, Amin-ud-Din Khan and Sayyed Mazahar Ali Akbar Naqvi, JJ |
| Parties | NAJEEB ULLAH — 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 2020 PLP 1241 (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 2020 PLP 1241 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik, Amin-ud-Din Khan and Sayyed Mazahar Ali Akbar Naqvi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 1241 (SCMR) (NAJEEB ULLAH — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Matee Ullah, Advocate Supreme Court for Petitioner.
- Aftab Hussain Bhatti, Advocate Supreme Court along with Respondent No. 2 (in person) for Respondent No. 2.
Headnotes / Summary
(Against the order dated 20.04.2020 passed by the Lahore High Court, Lahore in Criminal Misc. No. 11292-B of 2020)
S. 497(2)
Penal Code (XLV of 1860), Ss. 324, 334, 34, 337-A(ii) & 337-F(v)
Attempt to commit qatl-i-amd, itlaf-i-udw, common intention, shajjah-i-mudihah, ghayr-jaifah-hashimah
As per contents of the FIR, the accused made a fire with his pistol hitting on the right knee of the complainant
During two successive investigations, it was concluded by the police that though accused was present at the spot but he was empty handed and did not cause any injury to anybody
Nothing was recovered from the accused during the course of investigation and he was behind the bars for more than seven months
In such circumstances, case of accused called for further inquiry falling within the ambit of S. 497(2), Cr.P.C.
Petition for leave to appeal was converted into appeal and allowed and accused was allowed bail. Jaffar, Additional P.G. Punjab along with Nawaz, S.I. for the State.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Petitioner seeks leave to appeal against the order dated 20.04.2020, whereby bail was refused to him by the learned Lahore High Court, Lahore in case FIR No.289 dated 30.08.2019, offence under sections 324, 334, 34, 337-A(ii), 337-F(v), P.P.C., registered at Police Station Jandanwala, District Bhakkar.
2. After hearing the learned counsel for the parties and learned Additional Prosecutor General, Punjab at length and perusal of available record, it has been observed by us that as per: contents of the FIR, the petitioner made a fire with his .30 bore pistol hitting on the right knee of the complainant. Learned Additional Prosecutor General under instructions of the police officer present with record has stated that during two successive investigations, it was concluded by the police that though petitioner was present at the spot but he was empty handed and he did not cause any injury to anybody. Nothing was recovered from the petitioner during he course of investigation. He is behind the bars since 14.11.2019. In these circumstances, petitioner's case calls for further inquiry falling within the ambit of section 497(2), Code of Criminal Procedure.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The appellant Najeeb Ullah is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.100,000/- (one hundred thousand) with one surety in the like amount to the satisfaction of the learned trial court. MWA/N-10/SC Bail granted.