Law: Civil Procedure Code (V of 1908)

Section: 337A(i),337A(iii),337F(i),34,337N(2),324 ,334

Law: Pakistan Penal Code, 1860

Section: XVI,304

Law: National Accountability Ordinance, 1999

Section: 25

Law: Criminal Procedure Code (V of 1898)

Section: 496,242,243,265E

(a) Penal Code (XLV of 1860)--- ----S. 337-N(2)---Criminal Procedure Code (V of 1898), S.498---Hurt--Post arrest bail---Scope---Interpretation of S.337-N(2), P.P.C. and effect of proviso to subsection (2) of S.337-N, P.P.C. [as inserted by Criminal Law (Amendment) Act, 2004)---Non-obstante clause in subsection (2) of S.337-N, P.P.C. has given subsection (2) of S.337-N, P.P.C. an overriding effect and sway over all the other provisions dealing with hurt contained in Chap. XVI, P.P.C.---Provision of S.337-N(2), P.P.C. (as to date), contemplates that in all cases of hurt the normal punishment to be awarded to an offender is payment of Arsh or Daman and the optional additional punishment of imprisonment provided for the relevant offence can he awarded to an offender only where the offender is a previous convict, habitual or hardened, desperate or dangerous criminal or the offence has been committed by him in the name or on the pretext of honour---Subsequent addition of the proviso to subsection (2) of S.337-N, P.P.C. had done nothing more than stipulating that if the offender is a previous convict, habitual, hardened, desparate or dangerous criminal or the offence has been committed by him in the name or on the pretext of honour then the sentence of imprisonment to be awarded to him as Ta'zir shall not be less than one third of the maximum period of imprisonment provided for the hurt caused---Said proviso only fixes the minimum sentence of imprisonment to be awarded to an offender who is a previous convict, habitual, hardened, desparate or dangerous criminal or the offence has been committed by him in the name or on the pretext of honour---Nothing in the said proviso exists which may detract from the overriding effect of the main subsection (2) of S.337-N, P.P.C. or create any exception for cases of cruelty or brutality etc.---Cases of brutality, etc. already stood catered for in subsection (2) of S.337-N, P.P.C. and the proviso only fixes the minimum sentence of imprisonment in such cases---High Court observed that such is the only interpretation of the provisions of S.337-N(2), P.P.C. (as these stand today) and if the legislature intends otherwise then it may…

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