Case Law, Hurt Cases 337

Citation Name: PLJ 2008 Supreme Court 354
Appelant Side: ALAM CHAND alias ALOOMAL & others
V e r s u s
Opponent Side: JAMIL AHMAD and another
Judge Name: Abdul Hameed Dogar, CJ, Ijaz-ul-Hassan & Ch. Ejaz Yousaf
----s. 497(5)--pakistan penal code, (xlv of 1860), ss. 302, 114, 147, 148, 149, 504, 337-a(i), 337-f(i) & 341--cancellation of pre-arrest bail--admittedly petitioners/accused were empty handed--according to post-mortem report, deceased was suffering from liver cirrhosis--injuries i.e. abrasions on the knees were not sufficient to cause death in ordinary course of nature and that death occurred due to vaso-vagal shock as a result of testicular trama caused by hard & blunt weapon--no specific roles had been assigned to the accused person possibility that injuries on knees might have sustained by deceased at the time of falling on the grounds could not be ruled out--impunged order for cancellation of bail set aside--bail allowed.
Citation Name: PLJ 2008 Cr.C 1243
Appelant Side: SHEHBAZ etc.
V e r s u s
Opponent Side: STATE
Judge Name: Tariq Shamim
----s. 498--pakistan penal code, (xlv of 1860), ss. 337-a(iii), 337-f(iii), 337-l(2), 354 & 34--bail before arest, confirmed--bail was cancelled by session court due to add subsequently sections 337-a(iii) & 337-f(iii)--validity--affidavits on record sworn in by the respectable of the area in which the petitioners have been shown as victim of aggression of the complainant party--affidavits were neither taken into consideration by the police nor the said persons were associated with the investigation proceedings--subsequently sections 337-a (iii) and 337-f (iii) were added and bail was cancelled by asj--injury attracts the provisions of section 337-f(iii) and since the same is punishable with a maximum sentence of three years, the same does not fall within the prohibitory clause of section 397 cr.p.c.--bail confirmed.

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Citation Name: PLJ 2008 Cr.C 513
Appelant Side: TARIQ SAJJAD alias TAHIR
V e r s u s
Opponent Side: STATE
Judge Name: Ijaz Ahmad Chaudhry
----s. 498--pakistan penal code, (xlv of 1860), ss. 337-a(i)(ii), 337-f(v) & 34--bail before arrest, confirmed--role attributed to accused was that he gave blows with butt of his pistols on the ribs of complainant--held: only on injury fall u/s. 337-a(ii), ppc which was attributed to co-accused and other injuries fall u/ss. 337-a(i) & 337-f(i), ppc which were bailable--bail before arrest confirmed.

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Citation Name: PLJ 2008 Cr.C 568
Appelant Side: MOHIB ULLAH HANIF
V e r s u s
Opponent Side: STATE and 3 others
Judge Name: Tariq Shamim
----s. 497(5)--pakistan penal code, 1860 (xlv of 1860)--ss. 337-a(1), 337-a(iii), 337-l(2), 353, 354, 186, 147 & 148--cancellation of bail--requirement for cancellation--strong and exceptional grounds--section 497(5) cr.p.c. does not make it obligatory on the courts to cancel bail even when the offence is punishable with death, imprisonment for life, or imprisonment for ten years or more--held: it was not a fit case for cancellation of bail as strong and exceptional grounds were needed to get it cancelled which were not available--petition dismissed

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Citation Name: PLJ 2008 Cr.C 605
Appelant Side: MAJEED AHMED alias ABDUL HAMEED
V e r s u s
Opponent Side: STATE
Judge Name: Asif Saeed Khan Khosa
----s. 497(1)--pakistan penal code, (xlv of 1860), ss. 324/337-a(i)/33-f(i)/337-f(iii)/34--bail, dismissed--prohibitory clause--reasonable grounds--principal perpetrator--occurrence had taken place in broad daylight and accused had been named in the fir as the principal perpetrator of the alleged offences--according to fir the accused had raised lalkara exhorting his son to fire at the complainant party and had then himself caused two firearm injuries on the left side of the abdomen of pw--prima facie--medical evidence lend support to the allegation levelled against the accsued in the fir--accused was directly connected with the motive set up in the fir--offence u/s 324 ppc attract the prohibitory caluse contained in section 497(1) cr.p.c.--held: reasonable grounds existed to believe in the accused's involvement in the alleged offences--petition dismissed.

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Citation Name: PLJ 2008 Cr.C 685
Appelant Side: TANVIR alias TANOO
V e r s u s
Opponent Side: STATE
Judge Name: Rana Zahid Mahmood
----s. 497--pakistan penal code, (xlv of 1860), ss. 324, 452, 337-f(v), 337-a(ii), 337-l (ii), 148, 149--bail after arrest--dismissed--there were 12 blunt weapon injuries on the person of complainant which were contusions and lacerations--according to fir accused and co-accused simultaneously gave beating to the complainant for the reason that complainant had got a case registered for theft of his buffalo at the instance of accused and others--accused was named in fir--as accused and others gave merciless beating and caused multiple wounds to the complainant, no case of bail was made out--bail not granted.

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Citation Name: PLJ 2008 Cr.C 269
Appelant Side: MUHAMMAD AZEEM
V e r s u s
Opponent Side: STATE
Judge Name: Ijaz Ahmad Chaudhry
----ss. 426, 497--pakistan penal code, (xlv of 1860), ss. 302(b), 34, 337-a(ii), 337-f(i), 337-f(ii)--bail, grant of--prayer for--suspension of sentence--no specific injury attributed--vicarious liability--accused had already undergone the sentence awarded to him for his individual act--accused cannot be kept behind the bars as a punishment only for the reason that his two real brothers were involved in the case--operation of sentence of accused was suspended and accused would be released subject to furnishing bail bonds to the satisfaction of the court.

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Citation Name: PLJ 2008 Cr.C 280
Appelant Side: SAJID HUSSAIN
V e r s u s
Opponent Side: STATE
Judge Name: Kh. Muhammad Sharif
----ss. 302(b), 337-f(1), 337-l(2), 337-a(1) & 337-f(iii)--criminal procedure code, (v of 1898), s. 342--exceeded right--right of self-defence--conviction and sentence--challenge to--appreciation of evidence--two versions, were given by prosecution--determination--court has to see that which version is more plausible and convicting one when put in juxta position--injured were got medically examined by police with a delay of 7 hours--neither complainant nor any injured went to police station for 3 1/2 hours in order to lodge fir--prosecution had suppressed fire-arm injuries on two accused/appellants--during cross-examination of doctor it had come to light that condition of injured appellants' was serious because one got injury on his chest and other got fire-arm injury on his body resulting in a fracture of his shoulder--trial court had not believed story of abduction of deceased from his house to tubewell of appellants which observations seems to be correct--possibility of version of appellant given in reply of a question in his statement u/s. 342 of cr.p.c. to be correct cannot be ruled out--trial court had convicted and sentenced accused on the ground that he exceeded his right of self defence--evidence on record and facts of the case show that accused had not exceeded his right of self defence.

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Citation Name: PLJ 2008 Cr.C 299
Appelant Side: LIAQAT ALI
V e r s u s
Opponent Side: STATE
Judge Name: Iqbal Hameed-ur-Rehman
----s. 497--pakistan penal code, (xlv of 1860)--ss. 337-a(i), 337-a(ii)--337-a(iii), 337-f(i), 337-f(v), 337-(ii), 148 & 149--bail, grant of--prayer for--cross version--determination by trial court, which party was aggressor--in such cases bail was granted on the ground of further inquiry for the reason that the question as to which version was correct was to be decided by trial court, which was supposed to record evidence and also appraised the same in order to come to a final conclusion in such regard--held: probability of counter--version being true as some of accused had received injury--s. 337-a(iii), ppc is not attracted to the petitioner but to co-accused--bail was allowed.

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Citation Name: PLJ 2008 Cr.C 802
Appelant Side: NAZIR AHMAD etc.
V e r s u s
Opponent Side: STATE
Judge Name: Khurshid Anwar Bhinder
----s. 497(5)--pakistan penal code, (xlv of 1860), ss. 337-a(i), 337-a(iii), 337-l(ii) & 337-f(v)--cancellation of bail--sentence of the offence was only upto 5 years, as such the prohibition contained in s. 497(1), cr.p.c. was not attracted--discretion exercised by a.s.j. was not to be interfered--petition dismissed.

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Citation Name: PLJ 2008 Cr.C 802
Appelant Side: NAZIR AHMAD etc.
V e r s u s
Opponent Side: STATE
Judge Name: Khurshid Anwar Bhinder
----s. 497(2)--pakistan penal code, (xlv of 1860), ss. 337-a(i), 337-a(iii), 337-l(ii) & 337-f(v)--bail after arrest grant of--prayer for--further inquiry--it was a case of cross fight in which both parties suffered injuries and the cross version was also recorded--in such like cases it is to be seen as to which party was the aggressor and only tentative assessment was to be made, at bail stage--according to f.i.r. .7 mm rifle was used but police had recovered only sota from the accused--police did not give any plausible reason for cancelling the cross version of the accused--case of further inquiry--bail allowed.
Citation Name: PLJ 2009 Cr.C 48
Appelant Side: MUHAMMAD ASLAM, etc.
V e r s u s
Opponent Side: STATE
Judge Name: Khurshid Anwar Bhinder
----s. 497--pakistan penal code, (xlv of 1860) ss. 337-a(ii), 337-f(vi), 337-l(ii), 148 & 149--bail, grant of--rule of consistency--according to mlr no injury was found--prima facie--held: injury attributed to accused was not found at left wrist as per mlr which makes the prosecution case against highly doubtful--co-accused had been granted bail by high court--rule of consistency requires that the petitioner should also be released on bail--bail was admitted.

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Citation Name: PLJ 2009 Cr.C 67
Appelant Side: MUHAMMAD JAAFAR and 2 others
V e r s u s
Opponent Side: STATE
Judge Name: Zafar Iqbal Chaudhry
----s. 498--pakistan penal code, (xlv of 1860)--ss. 337-a, 337-f(i), 337-l(ii)--bail before arrest, confirm--prayer for--further inquiry--doubt in version--no injury was declared as grievous--one of the accused had been found innocent during investigation and the version given in fir also did not appear to be in line with medical evidence because the injured had received only three injuries which creates doubt in the version of complainant as according to him he received so many injuries--accused had joined the investigation and were not required by police any further--case of the petitioner falls with the purview of further inquiry and sending them to jail at the stage would not serve any useful purpose to the prosecution--bail before arrest was confirmed.

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Citation Name: PLJ 2009 Supreme Court 281
Appelant Side: NAZIR AHMED
V e r s u s
Opponent Side: STATE
Judge Name: Abdul Hameed Dogar, HCJ, Ijaz-ul-Hassan & Ch. Ejaz Yousaf
----ss. 302(b) & 337-a(ii)--criminal procedure code, (v of 1898), ss. 382-b & 544-a--constitution of pakistan, 1973--art. 185(3)--conviction and sentence recorded against accused by trial court--appeal was dismissed by high court--assailed--leave to appeal--appreciation of evidence--ocular account--cause of death was due to cardiorespiratory arrest by head injureis--ocular account furnished by complainant and eyewitnesses was fully corroborated by medical evidence, though prosecution witnesses were subjected to lengthy cross examination yet their evidence remained unshattered--appeal was dismissed.

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Citation Name: PLJ 2009 Supreme Court 281
Appelant Side: NAZIR AHMED
V e r s u s
Opponent Side: STATE
Judge Name: Abdul Hameed Dogar, HCJ, Ijaz-ul-Hassan & Ch. Ejaz Yousaf
----ss. 302(b) & 337-a(ii)--constitution of pakistan, 1973, art. 185(3)--conviction and sentence recorded against accused by trial court--appeal was dismissed by high court--leave to appeal--lack of motive--in case of lack of motive altogether or if the prosecution is unable to prove motive for murder it does not affect the imposition of normal penalty of death in murder case, if the prosecution has been able to prove its case against accused beyond reasonable doubt--no error in impugned judgment warranting interference by supreme court--appeal dismissed.

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Citation Name: PLJ 2009 Cr.C 454
Appelant Side: SYED GHAWAS KHAN
V e r s u s
Opponent Side: ZAMIRULLAH KHAN and another
Judge Name: Muhammad Alam Khan
----s. 417(2)--pakistan penal code, (xlv of 1860), ss. 337-f(6)/337-a(1)--appeal of acquittal--appreciation of evidence--dismisal of--appellant/complainant had not explained the nature of weapon of the offence in fir but latter on he made an improvement in his statement that he was hit by the accused with plank "raheel"--initially the appellant had nominated the witnesses of the occurrence but in his statement before court he admitted only the presence of one witness and it was stated that the brother and son of the complainant were attracted to the spot later on--further contradicted by pw that at the time of offence two other witnesses were not present--no person from the village was present and later on people were attracted to the spot--witness stated that he had seen no person injuring the appellant--witness had no relationship with the parties--no charge was proved against the accused/respondent and benefit of doubt had been extended to the accused/respondent--evidence was properly appreciated and same warranted no interference--appeal dismissed.

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Citation Name: PLJ 2009 Cr.C 491
Appelant Side: ASHIQ
V e r s u s
Opponent Side: STATE
Judge Name: Asif Saeed Khan Khosa
----ss. 337-a(vi) & 337-n(2)--conviction and sentence to pay daman to injured victim and imprisonment for three years as tazir--appeal was dismissed by first appellate court--assailed--petitioner had any credentials or antecedents of being a previous convict, habitual or hardened, desperate or dangerous criminal and by virtue of the provisions of s. 33-n(2), ppc--accused could not be awarded a sentence of imprisonment as ta'zir--accused had been facing the agony and anguish of a trial, an appeal and the present revision petition and he has repeatedly been in and out of the prison during all this while--petition allowed.

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Citation Name: PLJ 2009 Cr.C 513
Appelant Side: MUHAMMAD SAFDAR alias SHABBOO
V e r s u s
Opponent Side: STATE
Judge Name: Zubda-tul-Hussain and Zafar Iqbal Chaudhary
----ss. 302, 324, 337-a(i) 353, 396, 148 & 149--anti-terrorism act, 1997 s. 7-a--conviction and sentence recorded against accused--challenge to--appreciation of evidence--accused was neither nominated in fir nor his identity was later on established at any stage of case--allegation of abscondence was false--only three persons nominated while fourth was stated to be an un-known person--accused was posed by police during investigation on basis of supplementary statement--mode and means were dug out is not reasonably explained in evidence--where an accused is not nominated in fir nor is otherwise known to eye-witnesses and no reasonable explanation or circumstances have been stated whereby his participation and identification could be established--at same time there is no other corroborative evidence against him as well, sentence of conviction cannot be passed against him--no recovery has been effected in case nor is any other kind of corroboration available to prosecution version against appellant--no direct evidence for identification of appellant nor at any other proper stage police took any measures to establish identity of appellant as an assailant in case--appellant was neither identified at spot nor later his identification was established--on basis of available evidence sentence and conviction of appellant could not be maintained--appeal accepted.

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Citation Name: PLJ 2009 AJ&K Court 10
Appelant Side: MUHAMMAD SIDDIQUE
V e r s u s
Opponent Side: MUHAMMAD SHAHNAWAZ & 4 others
Judge Name: Iftikhar Hussain Butt
----ss. 337-a(1-3), 337-f(i), 337-u-1 & 34--criminal procedure code, (v of 1898), s. 417 (2-a)--appeal against acquitted of the charge--appreciation of evidence--extending benefit of doubt--all prosecution witnesses were closely related to complainant and not a single independent witness was produced to corroborate the evidence of highly interested witnesses who were inimical to the complainant party--held: accused has also got registered a case against the complainant party and they have been nominated accused in the case--evidence of eve-witnesses was not believable--appeal was dismissed

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Citation Name: PLJ 2009 Cr.C 610
Appelant Side: ABDUL KHALIQ
V e r s u s
Opponent Side: STATE
Judge Name: Ahmed Khan Lashari and Mehta Kailash Nath Kohli
----ss. 337-a(i) & 302(b)--conviction and sentence--challenge to--modification in quantum of sentence--alteration in charge--allegation--appellant after beating his wife, set her on fire, due to which she expired--held: the overall circumstances indicate that the appellant has not committed the qatl-i-amd of his wife with the intention of causing bodily injury to her, which in the ordinary course of nature is likely to cause the death; or with the knowledge that his act is so imminently dangerous that it must in all probability cause death of the deceased as defined u/s. 300 ppc--there is no such evidence that the injuries sustained by the deceased were actually the result of her death, thus the charge against the appellant u/s. 302(b) ppc has not been proved and the evidence, which has come on record is that the appellant beaten the deceased lady, due to which set herself on fire--no doubt, in criminal cases, the prosecution is duty bound to prove the case against the accused, however, in case, specific defence is put forward, the accused has to prove that his plea is reasonable, true and possibility cannot be ruled out that he was compelled to act due to the circumstances--prosecution has failed to prove the charge against the appellant u/s. 302(b) ppc--section 337-a (i) ppc is made out the case against the appellant for causing injuries to the deceased--charge u/s. 302(b) ppc is altered to that of s. 337-a (i) ppc and appellant is convicted u/s. 337-a(i) ppc--modification in quantum of sentence as well as alteration in charge, appeal dismissed.

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Citation Name: PLJ 2009 Sh.C-AJ&K 100
Appelant Side: MUKHTAR BIBI
V e r s u s
Opponent Side: BASHIR AHMAD & 4 others
Judge Name: Iftikhar Hussain Butt
----ss. 25 & 32(2)--azad penal code, ss. 337-a(2), 337-f(5) & 34--limitation--appeal before distt. criminal court and shariat court--conviction and sentence recorded against accused by tehsil criminal court--challenged through revision petition--question of--maintainability--held: in case an accused is convicted and sentenced the appeal shall be lodged before district criminal court within a period of 60 days whereas in case of acquittal, the appeal shall be lodged before shariat court within a period of six months--specific and clear procedure has been provided for filing an appeal--revision petition u/s. 32(2), ipl is not applicable and there is no necessity to approach cr.p.c. in such regard--petition is not maintainable
Citation Name: PLJ 2009 Cr.C 622
Appelant Side: MUHAMMAD ASIM
V e r s u s
Opponent Side: STATE and 2 others
Judge Name: Saif-ur-Rehman
----s. 497(2)--pakistan penal code, (xlv of 1860), ss. 337-f(v)/337-a(i)/337-l(ii)/148/149--bail, grant of--further inquiry--petitioner alongwith others were caused injuries--injuries recorded in medico legal certificate were fake--it shall be determined after recording of evidence that two amongst the parties initiated the aggression--case was of further inquiry--bail allowed.

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Citation Name: PLJ 2009 Cr.C 640
Appelant Side: SHAHAMAND & 5 others
V e r s u s
Opponent Side: STATE & another
Judge Name: Muhammad Khalid Alvi
----s. 498--pakistan penal code, (xlv of 1860), ss. 337-a(ii), 337-f(i), 337-h2, 354, 430, 148 & 149--pre-arrest bail, grant of--allegation of--aerial firing--petitioners were present at the spot but only role attributed to them was that of aerial firing--application allowed--pre-arrest bail already granted was hereby confirmed.

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Citation Name: PLJ 2009 Cr.C 664
Appelant Side: BAKHSHU
V e r s u s
Opponent Side: STATE and another
Judge Name: Muhammad Khalid Alvi
----s. 497--pakistan penal code, (xlv of 1860), ss. 324, 337-aii, 337-aiii, 337f3, 337-f5, 337-f1, 148 & 149--post arrest bail--refused--apart from s. 337-i, the rest of hurt cases provide punishment of either diyat, arsh or daman but as tazir certain sentences of imprisonment are also provided, for which discretion is left with court according to gravity of the offence, to various terms within the prescribed limit--accused had caused hatchet injuries on the head of pw and the complainant, one of which result in fracture of skull--offence fell within the prohibited clause--bail refused.

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Citation Name: PLJ 2009 Supreme Court 620
Appelant Side: MUHAMMAD UMAR @ UMRI
V e r s u s
Opponent Side: STATE
Judge Name: Muhammad Moosa Khan Leghari & Sh. Hakim Ali
----s. 382-b--pakistan penal code, (xlv of 1860), ss. 302, 324, 337-a(ii), 377-f(i), 337-l(ii), 452, 148 & 149--conviction and sentence recorded against accused by trial court, upheld by appellate court--challenge to--benefit of--neither accused was granted the benefit admissible u/s. 382-b, cr.p.c. nor reasons were recorded for denial--held: supreme court has not discovered any exceptional circumstance in the case warranting denial of benefit of s. 382-b, cr.p.c. to the accused--granting leave convert it into appeal and direct that the petitioner was entitled to the benefit of s. 382-b, cr.p.c.

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Citation Name: PLJ 2009 Supreme Court 697
Appelant Side: QADIR SHAH & others
V e r s u s
Opponent Side: STATE
Judge Name: Abdul Hameed Dogar, HCJ, Ijaz-ul-Hassan & Ch. Ejaz Yousaf
----ss. 354-a, 337-a(iii), 148 & 149--criminal procedure code, (v of 1898), s. 200--private complaint--conditions must co-exist to bring the case within ambit of s. 354-a, ppc--unexplained delay of 16 days in fir--no explanation of any sort was furnished--case found false and report of cancellation of fir--no independent witness was produced to support the version--injury on right eye brow of lady victim which was alleged to have been caused by a pistol shot fired by accused--injury was declared not to have been caused by fire-arm weapon--question of--whether s. 354-a of ppc is attracted or not--held: to attract the provisions, two conditions must be fulfilled, firstly, there should be stripping of clothes and secondly the victim in that condition be exposed to public view--both conditions must co-exist to bring the case within ambit of s. 354-a, ppc, which fact is missing in the instant case, as the occurrence took place in field, the clothes of victim were just torn and not stripped of--exposure of victim to the public at large was also missing as no one from general public was present at scene of incident--provisions of s. 354-a, ppc are not attracted rather the case fall u/s. 354, ppc.

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Citation Name: PLJ 2009 Cr.C 373
Appelant Side: BASHARAT ALI
V e r s u s
Opponent Side: STATE
Judge Name: Muhammad Ashraf Bhatti
----ss. 497 & 498--pakistan penal code, (xlv of 1860), ss. 376, 511, 337-a(ii)/337-l(ii) & 34--bail, grant of--prayer for--further inquiry--material available on record does not prove overt act on petitioner's part to commit rape with sister of complainant, so it may be highly doubtful that petitioner would have caused multiple injuries of nature upon her person, nor it is plausible to comprehend that an attempt to commit offence of zina would have been made in presence of co-accused raising `lalkara', in a way inviting attention of other members of family to intervene--accused suffered injuries during occurrence and got examined by doctor--copy of medico-legal report was available on record but i.o. in attendance, unable to explain as to why he did not take notice of petitioner's mlr and got probed matter in light thereof for a just conclusion--no sound incriminating material available on record to prima facie establish that petitioner had indeed made an attempt to commit zina--offence u/s. 376, ppc is doubtful petitioner's case, by all means falls within ambit of further inquiry--bail granted.

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Citation Name: PLJ 2009 Cr.C 781
Appelant Side: ABDUL RAZZAQ and 2 others
V e r s u s
Opponent Side: STATE
Judge Name: S. Ali Hassan Rizvi
----s. 497--pakistan penal code, (xlv of 1860), ss. 148/337-a(i), 337-a(ii)/337f(i)/337l(ii)/337f(vi)/323/149--bail--grant of--prayer for--rule of consistency--there was only one injury which could not be specifically attributed to any of accused on present showings--co-accused charged with similar role, were granted bail by high court--petitioners were in jail for last more than five months--trial was not in sight--rule of consistency would apply on all fours--question of vicarious liability of petition will also be determined by trial court--petitioners were admitted to bail--petition accepted.

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Citation Name: PLJ 2009 Cr.C 783
Appelant Side: SHAHBAZ AHMED
V e r s u s
Opponent Side: STATE
Judge Name: S. Ali Hassan Rizvi
----s. 497(2)--pakistan penal code, (xlv of 1860), ss. 302, 324, 452, 337-a(i), 337-f(i), 148 & 149--bail, grant of--further inquiry--accused of similar role have been acquitted during trial--only distinguishing feature against accused was abscondance--no death of authority--held: mere abscondance cannot be sufficient to without bail, if justified on facts--even innocent when are indicated for serious offence like murders, run away on account of fear of third degree methods of police and obduracy shown by their antagonists--accused who were also similar accused were acquitted at trial--case against accused requires further inquiry entitling him to grant of bail--bail was granted.

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Citation Name: PLJ 2009 Cr.C 789
Appelant Side: YASIN
V e r s u s
Opponent Side: STATE
Judge Name: S. Ali Hassan Rizvi
----s. 497--pakitan penal code, (xlv of 1860)--ss. 324, 337-a(i), 337-a(ii) 148 & 149--bail, refusal of--criminal history--straightaway fired during concerted attack--injury on right ear and on legs and other parts of body--bail was rejected thrice for non-prosecution and non-submission of surety bonds--held: accused secured bail before arrest thrice but every time, he did not file surety bonds and also did not appear in court despite clear directions--role in the occurrence and subsequent conduct qua pre-arrest bail proceedings prima facie showed that he was a very clever criminal and acting as desperado, frustrate the orders of the court--bail was dismissed.

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Citation Name: PLJ 2009 Cr.C 812
Appelant Side: ZAFAR IQBAL
V e r s u s
Opponent Side: STATE
Judge Name: Khurshid Anwar Bhinder
----s. 497(2)--pakistan penal code, (xlv of 1860), ss. 295 a, 296, 337-a(2), 337-a(1), 337(2), 148, 149--bail, grant of--counter version--further inquiry--rule of consistency--both the parties suffered injuries, it was not exactly known at this stage as to which one was the real aggressor party and only tentative assessment was to be made at the bail stage--mala fides on the part of the police and established beyond any shadow of doubt--complainant that there was a dispute between both the religious sects--co-accused has already been granted bail and role of the petitioner was identical to that of co-accused persons hence rule of consistency demands that present petitioner be also allowed bail--case of further inquiry--bail allowed.
Citation Name: PLJ 2009 Lahore High Court 136
Appelant Side: MUHAMMAD SHAFIQUE
V e r s u s
Opponent Side: STATE and 10 others
Judge Name: Saif-ur-Rehman
----art. 199--pakistan penal code, (xlv of 1860), ss. 337-a(ii) & 34--constitutional petition--application for having opinion regarding injury which was forwarded to medical officer--second report of medical officer--challenge to--structure for conduction of medico-legal work--validity--after recording of first report by medical officer, the case is covered by second tier according to which medical re-examination was to be conducted by distt. standing medical board consisting of medical superintendent and surgeon if the first medical examination report was challenged--held: first report was ever challenged by any one-second report which has been assailed through instant petition, therefore, was found be coram-non-judice qua medical officer which was declared as illegal and was quashed.

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Citation Name: PLJ 2009 Cr.C 692
Appelant Side: RAHIM BAKHSH
V e r s u s
Opponent Side: STATE and another
Judge Name: Malik Saeed Ejaz
----s. 497--pakistan penal code, (xlv of 1860), ss. 337-a(ii)(vi) & 34--bail, grant of--prayer for--petitioner named in fir and was shown equipped with brick--allegedly caused injury to injured person with brick--brick is not a weapon which can be chosen by an accused for commission of offence usually--injured disclosed that petitioner had caused injury to him on his chest but no such injury has been found on chest of injured as per medical evidence--statement of injured was directly in conflict with allegations leveled in fir--nature of injury as declared by doctor also creates doubt as injured remained admit in hospital only for 4 days after receiving such serious injury--bail accepted

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Citation Name: PLJ 2009 Cr.C 958
Appelant Side: SHAKEEL AHMAD
V e r s u s
Opponent Side: STATE & another
Judge Name: Habib Ullah Shakir
----s. 497--pakistan penal code, (xlv of 1860)--ss. 302, 324, 337-a(ii), 337-f(i), 34, 148 & 149--post arrest bail, grant of--delay in conclusion of trial cannot solely be attributed to accused--previous post arrest bail was dismissed with direction to trial court to conclude the trial of the case expeditiously--despite direction of high court, trial was not concluded even a single witness was not recorded--most adjournments were made due to non-availability of presiding officer or at the request for the prosecution--only a few adjournments were made at the request of defence counsel--validity--delay in conclusion of trial cannot solely be attributed to the accused--held: it is a sufficient ground to admit the accused to bail as his incarceration in jail for an indefinite period without any apparent progress in trial would not justified--private complaint was also filed in which the persons of complainant party was summoned as accused--fact that who is aggressor would be determined during the trial after recording of evidence--co-accused had been declared innocent by police, which fact, prima facie, makes the case one of further inquiry--recovery had already been made from the accused and he was no more required by police for further interrogation--bail was granted.

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Citation Name: PLJ 2009 Cr.C 953
Appelant Side: GHULAM MUSTAFA
V e r s u s
Opponent Side: STATE and another
Judge Name: Syed Zulfiqar Ali Bokhari
----s. 497(2)--pakistan penal code, (xlv of 1860)--ss. 302, 324, 148, 149, 337-a(ii), 337-a(iii), 337-f(iii) & 337-f(v)--bail, grant of--further inquiry--vicarious liability--question--determination--accused was nominated in fir--no specific role was assigned--eight persons were sustained injuries during occurrence--validity--question of vicarious or constructive liability will be determined during course of trial because that was a case of two stories as private complaint filed by accused party was also pending in trial court--case of accused had become a that of further inquiry falling u/s. 497(2) of cr.p.c--bail was allowed.

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Citation Name: PLJ 2009 Cr.C 966
Appelant Side: RIAZ AHMAD
V e r s u s
Opponent Side: STATE etc.
Judge Name: Habib Ullah Shakir
----s. 497--pakistan penal code, (xlv of 1860)--ss. 365, 324, 148, 149, 109, 337-a(ii), 337-f(ii), 337-f(iii) & 337-l(ii)--post arrest bail, grant of--further inquiry--offences fall with prohibitory clause of s. 497, cr.p.c. is no ground for refusal of bail--previous enmity existed--effect of recovery--injury was not caused with fire-arm in fir--injury suffered by complainant at the hands of accused falls u/s. 337-a(ii) of ppc which was bailable--held: injuries attributed to accused fall within encompass ss. 337-f(ii) and 337-f(iii) of ppc for which three year's punishment is provided--offences did not fall within prohibitory clause of s. 497, cr.p.c.--injuries ascribed to accused were not on vital parts of the injured--so far as application of s. 324, ppc shall be seen and trial after recording of evidence by trial court--accused was behind the bars and was no more required for further investigation--keeping in jail no useful purpose of law would be served--further held: bail cannot be refused merely on ground that offences alleged against accused fall within prohibitory clause of s. 497, cr.p.c.--bail allowed.

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Citation Name: PLJ 2005 Cr.C 875
Appelant Side: RIYASAT ALI and another
V e r s u s
Opponent Side: STATE
Judge Name: Muhammad Nawaz Bhatti
----s. 497--pakistan penal code, (xlv of 1860), ss. 337-a(i)/337-a(ii)/ 337-f(i)/394--bail before arrest--grant of--prayer for--recovery of--section 394 ppc has been deleted by investigating officer--specific role attributed to accused--recovery of sota is effected that will not improve the case of the other party as injury attributed is an incised wound, not by blunt weapon--false implication of accused due to malice and malafide intention cannot be ruled out--bail already granted to petitioners is hereby confirmed--bail confirmed.

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Citation Name: PLJ 2005 Cr.C 885
Appelant Side: Haji SHAMAS-UL-HAQ
V e r s u s
Opponent Side: STATE
Judge Name: Ch. Iftikhar Hussain
----ss. 497(i)--pakistan penal code (xlv of 1860)--ss. 324, 337-a(i), 337-a(ii), 337-r, 337-b(i), 337-d-148 and 159--bail, grant of--prayer for--suffering from chronic hepatitis viral disease--proviso of--petitioner is suffering from a chronic hepatitis viral disease which can be detrimental to health as well as other inmates of the jail--there was no denying fact that treatment of such disease was not available in jail--held: accused was entitled to be released on bail due to sickness alone in view of first proviso to section 497(i) cr.p.c.--bail admitted.

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Citation Name: PLJ 2005 Cr.C 891
Appelant Side: MUSHTAQ AHMED
V e r s u s
Opponent Side: STATE
Judge Name: Muhammad Nawaz Bhatti
----s. 497--pakistan penal code (xlv of 1860)--ss. 334/337-a(1)/337-a(ii)/ 148/149--bail, grant of--prayer for--rule of consistency--held: all accused have been granted bail except petitioner/accused--rule of consistency is entitled to be bailed out--further held: no useful purpose will be served/effective by putting accused behind the judicial lockup for an indefinite period--bail admitted.

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Citation Name: PLJ 2005 Cr.C 893
Appelant Side: HAQ NAWAZ and another
V e r s u s
Opponent Side: STATE
Judge Name: Muhammad Nawaz Bhatti
----s. 497--pakistan penal code (xlv of 1860), ss. 337-a(ii)/337-a(iii)/ 148/149--bail, grant of--rule of consistency--plea of alibi--petitioner was not found to be present at the spot--prima facie--during investigation petitioner's case that of further inquiry--petitioner is behind the bars for the last more than 4 months--rule of consistency, when other co-accused have been bailed out having specifically nominated in fir, petitioner cannot put behind bars for an indefinite period--bail allowed.

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Citation Name: PLJ 2005 Cr.C 1147
Appelant Side: ZAHID KARIM and others
V e r s u s
Opponent Side: STATE and others
Judge Name: Asif Saeed Khan Khosa and M.A. Shahid Siddiqi
----ss. 353, 410--pakistan penal code, (xlv of 1860), s. 302/324/34/109, 337-a(i)--conviction and sentence recorded against appellant--challenge to--appreciation of evidence--statements of pws had been recorded by trial court in absence of appellants and at place other than notified place of appellant's jail trial--it was done by presiding officer absolute in violation of mandatory provisions of s. 353 cr.p.c.--such contravention of provisions of s. 353 cr.p.c. cannot be termed as error, omission or irregularity, so as to be curable under section 537, cr.p.c. as such a violation of mandatory provisions of s. 353, cr.p.c. was nothing but down right illegality vitiating relevant proceedings of appellants' trial--conviction and sentence set aside--case remanded for recording statements of pws afresh within premises of jail in presence of accused.