Case Details

Citation(s)
2016 SLG 1536 2016 SLD 1536 2016 PLJ 138
Lahore High Court
Crl. Misc. No. 1862-B of 2015, decided on 5.10.2015. Date of hearing: 5.10.2015.
MALIK SHAHZAD AHMAD KHAN, J.
Mr. Muhammad Atif Qureshi, Advocate for Petitioner. Mr. Gulzar Ahmad Sabir, Addl.P.G. for State. Mr. Muhammad Ismail Makki, Advocate for Complainant.

MUHAMMAD AKRAM

VS

STATE and another--Respondents

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 337-A(ii) & 337-L(ii)--Bail before arrest, confirmed--Role of inflicting a kassi--Wrong side of Kassiv was given below--Medical legal certificate was challenged before medical board--Opinion regarding injury--Validity--Conflict in ocular account and medical evidence of prosecution has established that complainant has not given true account of incident in F.I.R., therefore, truthfulness or otherwise of story narrated in F.I.R. shall be determined by trial Court after recording of evidence--Kassi (Hoe) was still to be recovered from possession of accused but no useful purpose will be served by that recovery because blood, if any, present on Kassi (Hoe) must have disintegrated by now because occurrence took place and a period of about three months has already elapsed--Possibility of mala fide involvement of petitioner cannot be ruled out--Pre-arrest bail already granted to petitioner was hereby confirmed. ORDER Through the instant petition, the petitioner Muhammad Akram seeks pre-arrest bail in case FIR No. 82, dated 08.07.2015, under Section 337-A(ii), 337-L(ii), P.P.C. registered at Police Station Sahja, District Rahimyar Khan. 2. As per brief allegations leveled in the F.I.R. on 7.7.2015 at 4:00 p.m., the petitioner alongwith his co-accused while armed with Kassi, launched an attack on Allah Dewaya and inflicted different injuries on his person. 3. Arguments heard and record perused. 4. The petitioner has been assigned the role of inflicting a Kassi (Hoe) blow on the head of the complainant Allah Dewaya. The complainant has specifically mentioned in the F.I.R. that the co-accused of the petitioner namely Muhammad Khalid inflicted wrong side of the Kassi (Hoe) blow on his right hand but he has not mentioned in the F.I.R. that the petitioner has given the wrong side of Kassi (Hoe) blow which prima facie means that the petitioner inflicted the right side of the Kassi (Hoe) blow but according to the MLC, the kind of weapon used in the occurrence was blunt. The petitioner challenged the aforementioned MLC before the Medical Board on the ground that the complainant got…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492