Case Details

Citation(s)
2019 SLG 1754 2019 SLD 1754 2019 YLR 1602

Criminal Miscellaneous No. 235 of 2018, decision & hearing Dated: 07-12-2018.
MALIK HAQ NAWAZ, JUSTICE
Petitioner(s) by: Naveed Hussain
Respondent(s) by: Dy. Advocate General

UMAR UD DIN

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 324,337A,341

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324, 337-A & 341---Attempt to commit qatl-i-amd, hurt, wrongfully restraining any person---Bail, grant of---Petitioner contended that no medical certificate was issued in favour of the complainant---Validity---Petitioner was directly charged in the FIR and a knife had also been recovered from his possession on his pointation, however, the record revealed that the petitioner inflicted knife injuries on the right/left thighs of the complainant, which were not vital part of the body---Intention to kill and attraction of S. 324, P.P.C., would be determined at the time of trial after recording of some evidence---Petitioner had made out a case for the concession of bail---Bail was allowed to the petitioner, in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- Umar ud Din son of Nabeer, resident of Kargah sought post arrest bail in the offence under section 324, P.P.C. vide FIR No.132/2018 dated 09.11.2018 registered at Police Station City Gilgit. On 09.11.2018 on the written application of complainant (injured) Rahim Jan. 2. The petitioner after completion of investigation was sent to judicial lockup, who applied for post arrest bail, which was refused to him vide judgment/order of learned Additional Sessions Judge dated 30-11-2018. Being aggrieved from the above judgment/order the petitioner filed instant Cr. Misc. No.235/2018 before this Court for concession of bail. 3. The learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the instant case. The provisions of section 324, P.P.C. are not attracted as no medical certificate has been issued in favour of complainant. There was no intention to kill, as the…
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