Case Details

Citation(s)
2017 SLG 891 2017 SLD 891 2017 PLJ 163
Lahore High Court
Crl. Misc. No. 12001-B of 2016 & Crl. Misc. No. 3617-M/2016, decided on 20.12.2016, Date of hearing: 20.12.2016.
MRS. ERUM SAJAD GULL, JUSTICE
Mr. Abdul Rauf, Advocate with Petitioner. Barrister Muhammad Ehsan Suleman, Advocate for Complainant. Ms. Ummul Baneen, D.D.P.P. for
Respondents.

MUNAWAR HUSSAIN --Appellant

VS

STATE AND anotheR--RespondentS

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 337-F(iii), 337-A(i), 452, 34--Bail before arrest--Confirmed-- Allegation of--"Lalkara"--Unexplained delay--Nominated in FIR--According to the medico legal report of the injured, the injury attributed to the present petitioner on the forehead of the complainant was declared u/S. 337-F(iii), PPC--A medical board was then constituted to re-examine the injured after which the injury attributed to the petitioner on the forehead of the injured was declared u/S. 337-A(i), PPC which is a bailable offence--Second injury attributed to the present petitioner on the cheek of the injured has been declared u/S. 337-A(i), PPC which is also a bailable offence--This was a case of two versions--It was difficult to ascertain at this stage as to who were the aggressors and this can only be ascertained by the trial Court after recording of evidence--Petitioner was a non-convict and by sending him behind the bars would not serve any useful purpose--Bail was confirmed. Imprisonment-- ----Imprisonment is not mandatory in hurt cases--It will be determined by the trial Court after recording of evidence as to which sentence is appropriate, imprisonment, fine or both--In view of the above, mala fide of the complainant and the police for falsely implicating the petitioner in this case cannot be ruled out. PLD 2009 Lahore 312, ref. THIS ORDER PASSED BY: MRS. ERUM SAJAD GULL, JUSTICE:---.--- Crl. Misc. No. 3617-M/2016 Through instant application, the petitioner seeks permission to place on record certain documents. The instant application is allowed subject to all just and legal exceptions. Main Case Munawar Hussain petitioner seeks his bail before arrest in case FIR No. 415 dated 13.07.2016 registered under Sections 337-F(iii), 337-A(i), 452, 34, PPC at Police Station Saddar Depalpur, Okara. 2. The brief facts of the FIR are that the present petitioner alongwith his co-accused while armed with their respective weapons trespassed into the house of the complainant and injured him. The specific allegation lavelled against the petitioner is that he while raising lalkara gave two blows of…
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