2002 PLP 1412 (SCMR)
ATTA ULLAH‑‑‑‑Petitioner Versus THE STATE‑‑‑‑Respondent
| Citation | 2002 PLP 1412 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tanvir Ahmed Khan and Khalil‑ur‑Rehman Ramday, JJ |
| Parties | ATTA ULLAH‑‑‑‑Petitioner Versus THE STATE‑‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2002 PLP 1412 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1412 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tanvir Ahmed Khan and Khalil‑ur‑Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1412 (SCMR) (ATTA ULLAH‑‑‑‑Petitioner Versus THE STATE‑‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Kh. Ahmed Tariq Rahim, Advocate Supreme Court and Mahmudul Islam, Advocate‑on‑Record for Petitioner.
- Date of hearing: 17th April, 2002.
- Abdul Samad Hashmi, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the judgment dated 18‑2‑2002 passed by Lahore High Court in Criminal Miscellaneous No.45‑B of 2002). Criminal Procedure Code (V of 1898)‑‑ ‑‑‑S.497‑‑‑Penal Code (XLV of 1860), Ss.324/336/337‑A(vi)/337‑F(i)‑‑ Bail, grant of‑‑‑Out of three injured persons only one had got himself medically examined‑‑‑Injured prosecution witness had totally exonerated the accused‑‑‑Accused had been in judicial lock‑up for the last one year‑‑‑Bail was allowed in circumstances. Abdul Samad Hashmi, Advocate Supreme Court for the State.
Judgment & Decree
TANVIR AHMED KHAN, J.‑‑‑This petition is directed against the judgment, dated 18‑2‑2002 of the learned Single Judge of Lahore High Court, whereby the petitioner post‑arrest bail application was dismissed. Brief facts are that F.I.R. No.47 of 2001 was recorded under sections 324/336/337‑A/(vi) and 337‑F(i), P.P.C., at Police Station Galib Market, Lahore on 18‑2‑2001 at the instance of Muhammad Faheem. The allegation against the petitioner is that he being armed with .12 bore gun resorted to firing which caused injuries to Shehzad Kanwal, Aleem Arshad and Sheikh Adnan who were busy in kite flying on the roof top of the house of the complainant. Bail is sought on the ground that the petitioner is behind the bar for the last more than one year as he was arrested on 29th of March, 2001 and the conclusion of the trial is not within sight. Out of the alleged three injured only one got himself examined namely Shehzad Kanwal and other two did not offer themselves for medical examination. No recovery whatsoever has been effected from the petitioner. It is further argued that Sheikh Adnan alleged injured appeared as P.W.1 and he has totally exonerated the petitioner. Learned counsel for the State submits that the petitioner has caused injuries and the trial has already commenced. We have considered the contentions and have gone through the documents appended with this petition. It is not denied that the petitioner is behind the bar of the last more than one year. It is also not denied that out of the three injured only Shehzad Kanwal got himself medically examined and rest of the two alleged injured persons did not offer themselves for medical examination. The petitioner has totally been exonerated by P.W.1 Sh. Adnan keeping into consideration the aforestated features of the case. We are of the view that it is a fit case for the grant of post‑arrest bail. Accordingly we admit the petitioner to bail provided he furnishes bail bonds in the sum of Rs.1,00,000 with two sureties in the like amount to the satisfaction of the Trial Court, after converting this petition into an appeal. Q.M.H./M.A.K./A‑215/S Bail allowed.