Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 336,341

Criminal Procedure Code (V of 1898)-- ---S. 497---Penal Code (XLV of 1860), Ss. 336 & 341---Itlaf-i-salahiyyat-i-udw, wrongful restraint---Bail, refusal of---Accused allegedly pelted stones which hit left eye of the injured---Injured was a young girl of the age of fifteen to sixteen years---Ophthalmologist had opined that injured had got serious injury on her left eye and her sight and power of vision was decreased---Accused was charged in person and there was no chance of misidentification---Accused, in all the probabilities was not entitled to concession of bail---Bail was refused accordingly. Shan v. The State 2015 PCr.LJ 747; Saeed Ahmad v. Amjad Ali and another 2017 YLR 335; Baber Gul v. The State 2015 PCr.LJ 1433; Khalid v. Mst. Akbar Jan and another 2017 MLD 599 and Muhammad Sarfaraz v. The State and others 2017 SCMR 364 ref. Muhammad Sarfaraz v. The State and others 2017 SCMR 364 Rel. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, J.--- Rahim Said charged in FIR No. 268 dated 17.5.2017 under sections 336, 341, P.P.C. registered at Police Station Samarbagh District Dir Lower and is optimistic for the grant of his post arrest bail. 2. Prior to, an application for the similar relief was preferred before the Court of learned Additional Sessions Judge/Izafi Zila Qazi Samarbagh at Dir Lower, which was dismissed on 27.5.2017. 3. The report lodged by the complainant Mst. Lal Meena who by that time was accompanied by her father Taj Muhammad Khan and Mst. Saima Bibi in injured condition reported that Mst. Bachai Lal and her sons had closed the passage by blocking it through tree. In order to open the path they were asked which infuriated Mst. Bachai Lal, Sadiquellah and Rahim Said and started pelting stones, which hit the complainant on her right side of forehead, while her sister Mst. Saima Bibi was got injured on her left eye. The occurrence is stated to have been witnessed by Shafiullah and Rafiullah brothers of the complainant. 4. Having heard arguments of learned counsel for the Petitioner, learned counsel for the complainant and learned Astt: Advocate General for the State, record with their assistance gone through. 5. Learned counsel for the…

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