| Citation(s) |
|---|
| 1975 SLG 3192 = 1975 SLD 3192 = 1975 PCRLJ 1442 |
Lahore High Court
Criminal Miscellaneous No. 4235/B of 1974, decided on 12th February 1975.
Presented By: Aslam Riaz Hussain, J
Dr. Khalid Ranjha for Appellant. Mian Nazir Akhtar for
Respondents Nos. 1 and 3. Hashmat Khan Wilawari for the State. Nasim Mahmood for
Respondent No. 2.
Criminal Miscellaneous No. 4235/B of 1974, decided on 12th February 1975.
Presented By: Aslam Riaz Hussain, J
Dr. Khalid Ranjha for Appellant. Mian Nazir Akhtar for
Respondents Nos. 1 and 3. Hashmat Khan Wilawari for the State. Nasim Mahmood for
Respondent No. 2.
BADAR-US-SALAM-Petitioner
VERSUS
MUHAMMAD JAVED AND 2 OTHERS-Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(5), 407(1)
Law: Penal Code (XLV of 1860)
Section: 307, 149, 148
(a) Criminal Procedure Code (V of 1898) S. 497(5)-Bail, cancellation of-Accused inflicting blows on back of left thigh and left buttock-Contention that femoral artery running underneath location of these injuries, if punctured, victim can bleed to death, in case medical aid not provided within a short time-Held, had force of reasonable ground for believing accused guilty of offence punishable with life imprisonment existing Bail cancelled in circumstances of case-Penal Code (XLV of 1860), Ss. 307/149 & 148. Ashiq Hussain v. Crown P L D 1950 Lah. 147 ref. (b) Criminal Procedure Code (V of 1898) Ss. 407(1)-Accused a boy of 12 days short of 16 year's age at time of occurrence--Case falls within proviso of S. 497(1) Proviso however discretionary-Release of such accused on bail not necessary-Accused giving most serious knife blow on back of chest thereby showing him to be a person of desperate character-- Not entitled to bail-Bail cancelled in circumstances-Penal Code (XLV of 1860), Ss. 307/149 & 148. Date of hearing :12th February 1975. JUDGMENT This is an application by Badar-us-Salam son of Haji Ehsanul Haq for the cancellation of bail granted to Muhammad Javed, Ijaz and Muhammad Ashraf respondents. They are accused of offences under sections 148 and 307/149 P. P. C. 2. The allegations against them are that all three of them armed with knives alongwith two others, namely, Hadi and Abdullah, who were armed with sotis, attacked Tahirul Islam. Muhammad Javed respondent gave knife blow on the back of the chest of Tahirul Islam who fell down on receiving the same. As he fell down Muhammad Ashraf respondent gave him a knife blow hitting him on the left thigh. Ijaz respondent also gave…