Case Details

Citation(s)
2024 SLG 6612 2024 SLD 6612 = 2024 YLR 1339
Lahore High Court
Criminal Miscellaneous No. 10982-B of 2023, decided on 8th March, 2023.
Before Tariq Saleem Sheikh, J
Mian Bilal Safdar for Petitioner. Rai Asif Mahmood, Deputy Prosecutor General, with Ali/ASI for the State. Complainant in person.

SHARAFAT ALI---Petitioner

VERSUS

The STATE and another---Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 337U,337L(2)

Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), Ss. 337-U & 337-L(2)---Itlaf of teeth, causing hurt---Pre-arrest bail, refusal of---Petitioner and his co-accused were charged for causing injuries to the complainant and his cousin---Petitioner was nominated in the FIR with the specific allegation that he hit complainant's cousin in the face with an iron rod, breaking two teeth---Witnesses supported the prosecution's case---Statements of said witnesses had been recorded under S. 161, Cr.P.C., which were corroborated by medical evidence---On a tentative assessment, there was sufficient incriminating evidence against the petitioner---Alleged offence was not bailable---Petitioner had not brought any material on record which might be suggestive that the case against him was based on mala fide, which was a sine qua non for the grant of pre-arrest bail---Application had no merit and was dismissed, in circumstances.Muhammad Sadiq and another v. The State and another 2015 SCMR 1394; Aamir Bashir and another v. The State and others 2017 SCMR 2060 and Shabbir Ahmad v. The State PLD 1981 Lah. 599 rel.ORDERTARIQ SALEEM SHEIKH, J.---Through this application, the Petitioner seeks pre-arrest bail in case FIR No.6803/ 2022 dated 2.12.2022 registered at Police Station Chung, Lahore, for offences under sections 337-U, 337-L(2) of the Pakistan Penal Code, 1860 ("P.P.C.").2.    Briefly, the prosecution case is that on 29.11.2022 at about 05:15 p.m. the Petitioner and his co-accused, while armed with different weapons, attacked the Complainant and his cousin Adeel and wounded them.3.    Arguments heard. Record perused.4.    The Petitioner is nominated in the FIR with the specific allegation that he hit Complainant's cousin Adeel in the face with an iron rod, breaking two teeth. The Medical Officer has classified this injury as Itlaf-i-salahiyyat-i-udw. Mian Bilal Safdar, Advocate, contends that it attracts section 337-U, P.P.C. and is punishable with Arsh only. Since the law does not provide any jail term for the offence, the Petitioner is entitled to bail.5.    Chapter…
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