| Citation(s) |
|---|
| 2019 SLG 2053 2019 SLD 2053 2019 PLJ 699 |
Lahore High Court
Crl. Misc. No. 247934-B of 2018, decision & hearing Dated: 16.01.2019.
MUHAMMAD WAHEED KHAN, JUSTICE
Petitioner(s) by: Mr. Muhammad Amer Tauseef, Advocate Mr. Mujahid Waseem Chaudhary, Advocate
Respondent(s) by: Mr. Shabbir Ahmad, Deputy Prosecutor General
Crl. Misc. No. 247934-B of 2018, decision & hearing Dated: 16.01.2019.
MUHAMMAD WAHEED KHAN, JUSTICE
Petitioner(s) by: Mr. Muhammad Amer Tauseef, Advocate Mr. Mujahid Waseem Chaudhary, Advocate
Respondent(s) by: Mr. Shabbir Ahmad, Deputy Prosecutor General
AHMAD ALI ETC.
VS
STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 161,498
Law: Pakistan Penal Code, 1860
Section: 34,337-F(v)
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 337-F(v) & 34--Pre-arrest bail, dismissed--Allegation of--Armed with sticks forcibly trespassed into house of complainant and caused injuries--Both the petitioners have specifically nominated in the instant crime report but the role attributed to petitioner is that he inflicted a stick (sota) blow on person of wife of the complainant which hit her on her right leg whereas role attributed to petitioner No. 2 is of general in nature, and no specific injury is attributed to him--The said injured was medically examined on same day wherein doctor observed injury on her right lower leg, which later on declared as was ghyr-jaifah hashimah and attracts the provision of Section 337-F(v), PPC and this injury attributed to petitioner No. 1--There is no other obvious injury was found by the doctor on person of the victim--During the course of investigation the victim has also deposed u/S. 161, Cr.P.C. by making her statement before the police wherein Injury No. 1 sustained by her was attributed to petitioner No. 1 and the Investigating Officer has also opined that he is fully involved in the alleged crime--Petitioner No. 1 is not found to be eligible for the extra ordinary relief of pre-arrest bail, which relief can only be extended to save the innocent persons, therefore, the instant petition up to his extent is dismissed--Ad interim pre-arrest bail already granted to him by High Court is hereby recalled. THIS ORDER PASSED BY: MUHAMMAD WAHEED KHAN, JUSTICE---.--- Apprehending arrest at the hands of local police, petitioners seek pre-arrest bail in case FIR No. 491 dated 05.10.2018, registered under Sections 337-F(v) and 34, PPC at Police Station Noor Shah, District Sahiwal. 2. The brief allegation as per contents of FIR against the petitioners/accused is that on 21.09.2018 at about 07:00 p.m they while armed with sticks (sotas) etc forcibly trespassed into the house of complainant Muhammad Hussain and thereafter caused injuries on the person of Mst. Shamshad Bibi wife of the complainant. 3. Heard. Record perused. 4. On perusal of record it transpired that both the…
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