2011 P Cr (PLP)
ALI AKHTAR — Petitioner Versus THE STATE — Respondent
| Citation | 2011 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ALI AKHTAR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 P Cr (PLP) (ALI AKHTAR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aamer Shafiq Qureshi for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 337-A(i), 337-A(vi), 337-F(i), 337-F (iv), 337-F (vi) & 324/34
Shajjah, Ghayr jaifah and attempt to commit qatl-e-amd
Head injury
Accused was nominated in F.I.R. with specific role of causing hatchet injury to brother of complainant
Plea raised by accused was that his co-accused was granted bail and rule of consistency was applicable
Present was a promptly lodged F.I.R. and its contents were corroborated with medico-legal report
Skull bone of injured was broken and brain was coining out of it
Accused failed to point out any evidence that he or any other resident of his house suffered any injury nor could prove that if complainant party had trespassed in his house and made an assault while armed with various weapons
Challan of the case had been sent to court for trial
Case of the accused was distinguishable from the other co-accused who had been released on bail
Bail was refused in circumstances.
Judgment & Decree
CH. MUHAMMAD TARIQ, J.
The petitioner seeks his bail after arrest in case F.I.R. No. 244 dated 3-10-2010, under sections 337-Ai, 337A-vi, 337-Fi, 337F-iv, 337F-vi, 324, 34, P.P.C. registered with Police Station Jatli, Tehsil Gujjar Khan, District Rawalpindi.
2. The precise allegation against the petitioner is that on the day of occurrence, he along with his co-accused made a criminal assault upon the complainant. The petitioner gave a hatchet blow which hit upon the head of Muhammad Ikram, the brother of complainant, resulting fracture of skull of Muhammad Ikram.
3. Learned counsel for the petitioner contends that in fact complainant and other co-accused made a criminal trespass in the house of petitioner where Muhammad Ikram, brother of complainant received injury during the course of self defence of petitioner. All other co-accused have already been granted bail, therefore, under the rule of consistency, the petitioner is also entitled for the grand of bail. He further contends that occurrence had taken place in the house of petitioner which makes the. case of petitioner of further inquiry. Therefore, the petitioner be also released on bail.
4. Conversely, learned Deputy Prosecutor-General assisted by learned counsel for the complainant has vehemently opposed this bail petition.
5. Arguments heard, record perused.
6. Perusal of record highlights that petitioner was nominated in the F.I.R. with a specific role of causing hatchet injury to injured Muhammad Ikram, the brother of complainant. It was a promptly lodged F.I.R. The contents of F.I.R. are corroborated with the medico-legal report, according to which, the skull bone of injured Muhammad Ikram was broken and the brain was coming out of it. The petitioner has failed to point out any evidence that he or any other residence of his house suffered any injury nor could prove that if the complainant party had trespassed in his house and made an assault they were armed with various weapons. Challan of the case has since been sent to court. The case of petitioner is distinguishable from the other co-accused who have been released on bail. No ground for bail is made out. This petition is without any merit, same is dismissed. M.H./A-70/L Bail refused.