2009 PLP 2323 (YLR)
SHAHAMAND and 5 others — Petitioners Versus THE STATE and another — Respondents
| Citation | 2009 PLP 2323 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Khalid Alvi, J |
| Parties | SHAHAMAND and 5 others — 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 2009 PLP 2323 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 2323 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Khalid Alvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 2323 (YLR) (SHAHAMAND and 5 others — Petitioners Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioners.
- Asjad Javaid Ghural, Dy.P.-G. for Respondents.
Headnotes / Summary
S.498
Penal Code (XLV of 1860), Ss. 337-A(ii), 337-F(i), 337-H(ii), 354, 430, 148 & 149
Pre-arrest bail, confirmation of
Prosecution story and cross version showed that accused persons were present at the spot, but only role attributed to them was that of aerial firing
Trial Court after recording evidence would see as to whether they actually made aerial firing; and if so, what was its effect
Bail was allowed to accused and pre-arrest bail already granted to them was confirmed. Muhammad Nadeem Kanjoo for the Complainant, Rao Naseem, S.-I.
Judgment & Decree
MUHAMMAD KHALID ALVI, J.
Petitioners Shahamand, Allah Wadhaya, Shah Baig, Muhammad Ali, Mazhar Iqbal and Sarwar seek their pre-arrest bail in case F.I.R. No.421/2008 dated 1-8-2008 under sections 337-A (ii), 337--F(i), 337-H(ii), 354, 430, 148, 149 P.P.C. registered at Police Station Noor Shah District Sahiwal.
2. Precisely the allegations against the petitioners are that they assaulted upon the complainant party as a result of which Mst. Jannat Bibi received a head injury by Sarwar petitioner with the hatchet and Shah Baig petitioner gave Sota blow to Mairaj Bibi hitting her elbow, Mst. Shehnaz Bibi was injured by Muhammad Ali petitioner with the hatchet and Mazhar Iqbal petitioner also gave a Sota blow which hit on the left arm of Mst. Kubra Bibi.
3. Learned counsel for the petitioners at the very outset does not want to press this application to the extent of Shah Baig, Muhammad Ali, Mazhar Iqbal and Sarwar, therefore, this application to their extent is dismissed as not pressed.
4. With regard to Shahamand and Allah Wadhaya petitioners it is submitted that only allegation against the said two petitioners is that of aerial firing; that they have been falsely implicated merely on account of their presence, as their presence is certainly admitted in cross-version furnished by the petitioners as well.
5. On the other hand, learned D.P.G. assisted by learned counsel for the complainant contends that motive is attributed to Shahamand petitioner and Allah Wadhaya petitioner is also somewhere connected with the motive part.
6. I have considered the arguments of the learned counsel for the parties.
7. Certainly, keeping in view the prosecution version and the cross-version petitioners Shahamand and Allah Wadhaya were present at the spot but the only role attributed to them is that of aerial firing. It will be seen by the learned trial Court after recording evidence as to whether they actually made aerial firing and, if so, what is its effect, therefore, to their extent this application is allowed and pre-arrest bail already granted to Shahamand and Allah Wadhaya petitioners vide order dated 24-10-2008 is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 1,00,000 (Rupees one lac only) each with one surety each in the like amount to the satisfaction of learned trial Court. H.B.T./S-151/L Bail confirmed.