Case Details

Citation(s)
2018 SLG 3096 2018 SLD 3096 2018 YLR 86
Lahore High Court
Criminal Miscellaneous No. 81980-B of 2017, decision Dated: 31-10-2017.
ABDUL SAMI KHAN, JUSTICE
Petitioner(s) by: Sardar Imtiaz Ahmad Dogar
Respondent(s) by: Muhammad Babar Latif Khokhar

HAQ NAWAZ

VS

THE STATE AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 324,337F(iii)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324 & 337 F(iii)---Attempt to commit qatl-i-amd, hurt---Bail, grant of---Further inquiry---Complainant alleged that accused fired at injured (brother of complainant) with pistol which landed on left thigh of the injured---Offence alleged did not fall within prohibitory clause of S.497, Cr.P.C.---Accused did not repeat fire thus question regarding attraction of S.324, P.P.C. would be determined by Trial Court after recording evidence---Accused was behind the bars for nine months and was in jail without any fruitful progress towards his trial---Accused was previous non-convict and never involved in any other case of like nature---Investigation of the case was complete and accused was no more required for further investigation---Offence alleged was triable by Magistrate, S.30 who was competent to pass sentence for seven years only---Mere heinousness of offence was no ground to refuse concession of bail---Case of accused being one of further inquiry, bail was granted accordingly. THIS ORDER PASSED BY: ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner Haq Nawaz has sought bail after arrest in case FIR No.46/2017 dated 19.01.2017 under sections 324, 337 F(III) PPC, registered at Police Station Saddar Sangla Hill District Nankana Sahib. 2. The arguments advanced by the learned counsel for the parties have been heard and the record of this case has also been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. The allegation against the petitioner is that he fired with his pistol .30 bore which landed on left thigh of Shahbaz brother of the complainant which injury was declared "Jurrah ghayrjaifah-Mutlahimah" under section 337 F(iii), P.P.C. which carry maximum punishment up to three years…
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