Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 34,337A(ii),337-L(2),342

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 337-A(ii), 337-L(2), 342 & 34---Shajjah-e-mudihah, hurt, wrongfully confining any person, common intention---Ad-interim pre-arrest bail, confirmation of---Bone deep injury---Scope---Shajja-e-mudihah---Scope---Complainant lodged FIR under Ss. 337-A(ii), 337-L(2) & 34, P.P.C. whereas S. 342, P.P.C. was added during investigation---Validity---Alleged offences, except S. 337-A(ii), P.P.C., were bailable---Regarding S. 337-A(ii), P.P.C., according to Medico Legal Certificate of the injured, said injury was mentioned as bone deep and was referred to the Radiologist for expert opinion---Radiologist report, based upon X-ray , showed no fracture, hence, said injury was finally declared as under 337-A(ii), P.P.C.---No injury had been defined as "bone deep" in the relevant law rather there could be injury where bone was exposed or not exposed and where bone was exposed or not exposed, it was called as "Shajjah-e-Khafifa", however, where bone was exposed but not dislocated said injury was known as "Shajjah-e-Mudihah"---"Shajjah-e-Khafifa" entailed punishment under S. 337-A(i), P.P.C. whereas" Shajjah-e-Mudihah" attracted S. 337-A(ii), P.P.C.---Admittedly, neither any fracture was observed in the injury in question nor bone was exposed---In present case, exposure of bone had not been observed in injury in question, such was to be taken as "Shajjah-e-Khafifah"---Doctor while mentioning the injury same as "bone deep and S. 337-A(ii), P.P.C." had clearly acted against the law and facts, and said act was sufficient to show mala fide on the part of prosecution---Injury, in question, prima facie fell within the definition of "Shajjah-e-Khafifah" which attracted S. 337-A(i), P.P.C. and the same was bailable---All the offences, in the present case, therefore, were bailable---Question of recovery of "sota" was no more important after the lapse of so much time---Pre-arrest bail could not be refused in circumstances---Bail could not be refused in bailable offences merely for the reason of abscondance---Ad-interim pre-arrest bail already granted to the Petitioner was confirmed, in circumstances.…

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