| Citation(s) |
|---|
| 2017 SLG 2444 2017 SLD 2444 2017 YLR 1672 |
Cr. Misc. No. 190 of 2016, decision & hearing Dated: 8-8-2016.
MALIK HAQ NAWAZ, JUSTICE
Raja Shakeel Ahmad for Petitioner. Dy. A.G. for the State.
IRFAN ALI
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.337-F(i), 354, 452, 506 & 34---Damiyah, assault or criminal force to woman with intent to outrage her modesty, house-trespass after preparation for hurt, assault, or wrongful restraint, criminal intimidation, common intention---Bail, grant of---When victim lady, demanded fruit from the field of her late husband, son and grandson of the deceased, mercilessly gave beating to her and she became unconscious---Accused persons, also expelled daughter of the victim from her parental house, locked the same and extended threats of killing her---Inhuman activity of accused persons was unfortunate---Court had to decide bail application and was expected to turn blind eyes and deaf ears to the clamours of sentiment---For a Judge the intensity of emotions and prick of sentiments, was never a consideration---Judge, had to look for, either the available concession to be provided to accused guaranteed by law or the Constitution, if the facts and circumstances justify doing so; or to inflict penalty prescribed by law, where extenuating circumstances did not exist---Emotions and sentiments, could only come into play, where those work in tandems with the settled principles of law, and were thoroughly in accordance with safer administration of justice, but not otherwise---Bail could not be withheld as a measures of advance punishment and especially when the offences were also not hit by the prohibition contained in S.497, Cr.P.C.---Bail was granted to accused, owing and bowing to the availability of requisites, necessary for granting bail---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The petitioner stands booked for the above offences vide FIR No. 26/2016 under sections 337/452/337-F/354/506/34, P.P.C. registered at Police Station, Gupis. 2. The precise story of the occurrence is that one Mst. Noor Dana submitted a written application in Police Station Gupis stating therein that on 14.7.2016 at about 1400 hours, when she demanded some apricots from the field of her late husband, his son Farman Ali and his grandson, Irfan Ali mercilessly…
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