Case Details

Citation(s)
2023 SLG 257 2023 SLD 257 2023 MLD 107
Lahore High Court
Criminal Miscellaneous No. 69233/B of 2021, decided on 31st March, 2022.
TARIQ SALEEM SHEIKH, J

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ALI HASSAN

VS

The STATE and another

Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 337-F(i),337-F(v),337-G,336,334,279

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 337-F(i), 337-F(v), 337-G, 336, 334, 279---Ghayr-jaifah-mudihah, ghayr-jaifah-hashimah, ghayr-jaifah-hashimah, itlaf-i-udw, rash driving or riding on a public way---Pre-arrest bail, grant of---Accused was charged for driving improvised vehicle negligently, hitting the son of complainant, as a result, he was grievously injured and his right leg had to be amputated---Petitioner was driving an improvised vehicle to transport a concrete mixer---Victim had got his statement recorded under S. 161, Cr.P.C., to the effect that he was driving it negligently---Inasmuch as an accident took place and victim was injured, S. 337-G, P.P.C., would apply---Offence under S. 337-G, P.P.C., was punishable with arsh or daman specified for the kind of hurt caused and might also be punished with imprisonment of either description for a term which might be extended to five years as tazir---Section 337-G, P.P.C., so far as the sentence of imprisonment was concerned---Section 337-G, P.P.C. did not say that the offender would also be liable to imprisonment provided for the hurt caused---Addition of Ss. 334, 336, 337-F(i), 337-F(v), P.P.C., in the FIR was inapt and unwarranted---Prosecutor contended…
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