| Citation(s) |
|---|
| 2018 SLG 1204 2018 SLD 1204 2018 PLD 423 |
Lahore High Court
Cr. Misc. No. 156603-B of 2018, decision Dated: 01-03-2018.
MUHAMMAD ANWAARUL HAQ, JUSTICE
Abid Saqi for Petitioner. Saeed Ahmad Sheikh, Additional Prosecutor General for the State with Mushtaq Hussain, ASI.
Cr. Misc. No. 156603-B of 2018, decision Dated: 01-03-2018.
MUHAMMAD ANWAARUL HAQ, JUSTICE
Abid Saqi for Petitioner. Saeed Ahmad Sheikh, Additional Prosecutor General for the State with Mushtaq Hussain, ASI.
MUHAMMAD LATIF
VS
THE STATE AND OTHERS
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497 ---Penal Code (XLV of 1860), Ss. 324, 334, 337-G, 353, 109 & 186---Attempt to commit qatl-i-amd, itlaf-i-udw, hurt by rash or negligent driving, assault or criminal force to deter public servant from discharge of his duty, abetment, obstructing public servant in discharge of public functions---Bail, refusal of---Allegation against the accused was that he intentionally drove his truck over a police official who tried to stop him for inspection of driving licence and other documents---Accused was arrested by the police at the spot when he was trying to escape after the alleged occurrence---Injury attributed to the accused had admittedly resulted into amputation of right leg of the police official up to the knee---Contention of accused that he was not driving the vehicle but was working as a conductor and after the escape of the driver from the spot he was detained by the police officials with mala fide intention was not supported by any material on record---Even otherwise, it was not believable that the police including the injured police official who had lost his leg would substitute the real culprit with an innocent conductor who was not driving the vehicle---Other contention of the accused that the alleged occurrence fell within the purview of S.337G, P.P.C. and the same was bailable, was also misconceived---Benefit of S.337G, P.P.C. could not be claimed by any person whose act by itself was unlawful i.e. driving a truck without a driving licence---Even otherwise the contentions of the accused were contradictory as on one side he argued that he was not driving the vehicle at the time of incident and on the other hand he claimed benefit of S.337G, P.P.C.---Accused was refused bail accordingly. THIS ORDER PASSED BY: MUHAMMAD ANWAARUL HAQ, J.--- Through this second petition, petitioner Muhammad Latif seeks his post arrest bail in a case FIR No. 196 dated 16.06.2017 registered under sections 324, 353, 334, 186 and 109, P.P.C. at Police Station City, Pindi Bhattian District, Hafizabad. The first petition i.e. Criminal Miscellaneous No. 71377-B of 2017 was dismissed for want of prosecution on 14.12.2017. 2.…
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