Case Law, Hurt Cases 337

Citation Name: PLJ 2005 Cr.C 987
Appelant Side: BASHIR AHMAD 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. 324, 337-a(i), 337-a(ii) 337 f(iii), 337-f(iv) 337-f(v) 109, 148 & 149--bail declined of--prayer for--vicarious liability--petitioners were nominated in fir alongwith co-accused caused injuries on injured person--petitioners were vicariously liable for commission of offence u/s. 324 ppc--petitioner's case falls within prohibitory clause of s. 497 cr.p.c. held : accused was not nominated in f.i.r. and no specific role was attributed to accused--injuries received by victim were of different nature--bail dismissed.

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Citation Name: PLJ 2004 Cr.C 239
Appelant Side: MANZOOR AHMED and another
V e r s u s
Opponent Side: STATE and 2 others
Judge Name: AsiF SAEED KHAN KHOSA
-s. 561-a-pakistan penal code, 1860 (xlv of i860), ss. 337-a & 337-f-application of petitioners for acquittal-grounds for acquittal were stated to be that at the stage of hail injured persons had applied to trial court that accused be released on bail as compromise has been effected between them and accused persons whereupon they were released on bail-injured persons also submitted their affidavits to that effect-compromise arrived at between the parties was not confined to matter of bail only but the same pertained to entire case and complainant and injured persons had undertaken to get the petitioners acquitted from trial court at appropriate stage-compromise in a criminal case cannot be allowed to be resiled from if the same had been acted upon-compromise arrived between parties still ensures and private respondents cannot be allowed to resile from the same-offences allegedly committed by petitioners were compoundable-petition for acquittal of petitioners was allowed and they were acquitted on the basis of compromise in question.

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Citation Name: PLJ 2004 Cr.C 483
Appelant Side: MUHAMMAD ASGHAR
V e r s u s
Opponent Side: STATE
Judge Name: M. BILAL KHAN
- -s. 497(2)--pakistan penal code, 1860 (xlv of 1860), s. 337-a (iii), 34- post arrest bail-delay of 8 days in lodging f.i.r.-nasal bone of complainant was alleged to have been broken by petitioner-investigation officer present in court stated that according to his investigation there was sudden fight between petitioner's wife and complainant lady and that injury suffered by complainant was accidental-parties admittedly were close relatives which fact does not find mention in f.i.r.-culpability of , petitioner needs further enquiry as contemplated by s. 497(2) cr.p.c.- petitioner was thus, admitted to bail subject to furnishing bail bond in the sum of specified amount.

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Citation Name: PLJ 2004 Cr.C 514
Appelant Side: SAQIB NAJEEB
V e r s u s
Opponent Side: STATE
Judge Name: BASHIRA. MUJAHID
--s. 497-pakistan penal code, 1860-ss. 458, 506, 337-a(i), (ii), 109/34-bail after arrest-occurrence took place at 6.00 p.m.-f.i.r. was lodged at 7.45 p.m.-petitioner was specifically named in f.i.r.-he was personally known to complainant & other p.w.s. as all were residents of same locality-petitioner was found guilty during investigation-he had been involved in eight similar cases, did not deserve to be bail out-bail application was dismissed.

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Citation Name: PLJ 2004 Cr.C 551
Appelant Side: ABDUL SHAKOOR
V e r s u s
Opponent Side: STATE
Judge Name: FARRUKH LATEEF
-s. 497(2)-pakistan penal code, 1860 (xlv of 1860), s. 337-a-i, 337-a-iii, 337-f-v, 337-h-ii, 148, 149-after-arrest bail-further inquiry-only one injury on the head with iron rod had been attributed to the accused-. police record showed that there had been two contradictory versions regarding factum of aggressorship and vicarious liability-case was of further inquiry-bail allowed.

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Citation Name: PLJ 2004 Cr.C 623
Appelant Side: MOULA BUX and another
V e r s u s
Opponent Side: STATE
Judge Name: WAHID BUX BROHI AND MUHAMMAD MUJEEBULLAH SIDDIQUI
-s. 497 read with s. 5-a (8 of sta courts act, 1975--pakistan penal code, 1860 (xlv of 1860) ss. 302, 337-a (i), (ii) 337-h (2) 324 qdo, 147 and 148-bail on ground of hardship-grant of-prayer fbr-accused remained in jail for four years, nine months-accused is not a habitual offender- non-progress of trial due to non-production of accused and absence of witness-held : single adjournment on part of accused would not go to discredit him-direction were not complied with for no fault on part of trial court-under ground of hardship accused deserves bail-bail, application allowed.

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Citation Name: PLJ 2004 Cr.C 635
Appelant Side: GHULAM RAZA and 2 others
V e r s u s
Opponent Side: STATE
Judge Name: MAULVI ANWAR-UL-HAQ
--s. 410-pakistan penal code, 1860, (xlv of 1860) ss. 337-a (ii)/34 302, 315, 316, 324-conviction and sentence-assailed in appeal-appreciation of evidence-held-evidence on record showed that mishap took place on raising a wall on the space belonging to complainant party-stick lows were caused by appellant to the deceased person-according to statement of doctor, death was caused by a lacerated bone deep wound on left occipital proturberance on head-however there was no evidence as to what happened in 6 days i.e. from the date of occurrence to the date of death-finding of trial court that accused did not want to murder deceased, then & there rather wanted to give him injury only were unexceptionable but had committed an error while proceeding to convict him u/s. 302(b) p.p.c., which section was applicable for committing qatl- e-amd only-high court set aside sentence for life imprisonment granted by trial court and converted it into sentence as to liability of diyat amount in terms of s. 316 of p.p.c.

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Citation Name: PLJ 2004 Cr.C 624
Appelant Side: MAZHAR ABBAS
V e r s u s
Opponent Side: STATE & another
Judge Name: CH. IFTIKHAR HUSSAIN
-,--s. 200 read with pakistan penal code, 1860 (xlv of 1860) ss. 337-a (i), 337-f (iii), 324 and 34-inquiry report-offences u/ss. 337-a (1), 337- f(iii) & 34 are made out whereas the offence u/s. 324 was not made out- held : plea of petitioner that complaint is counter blast requires evidence for its determination-mlrs are bogus is a question which too requires to be proved in due course of trial-summoning to witnesses were correct- revision petition dismissed in limine.

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Citation Name: PLJ 2004 Cr.C 655
Appelant Side: MAHMOOD-UL-HASSAN SHAH, TARIQ MEHMOOD and another
V e r s u s
Opponent Side: STATE
Judge Name: RUSTAM ALI MALIK
--s. 497-pakistan penal code, 1860 (xlv of 1860) ss. 337-aiii, 337-fiii, 337lii, 342,109,148 and 149 read with s. 336-bail grants of-prayer for- no specific injury attributed to accused-even pw had received two injuries as per medico legal report, one of which was an abrasion and other one contused swelling and other injured were also not received dangerous injuries-no corresponding injury on inner and outer side of low or lip was present m. nihad a lacerated wound muscle deep on palm "of left hand-held : none of aforesaid injuries is specifically attributed to any accused-accused are not stated to be previous convict-case of further inquiry to extent of accused-accused are entitled to-concession of bail-bail application accepted.

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Citation Name: PLJ 2004 Cr.C 656
Appelant Side: MUHAMMAD
V e r s u s
Opponent Side: STATE
Judge Name: CH. IFTIKHAR HUSSAIN
-s. 497--pakistan penal code, 1860 (xlv of 1860)-s. 337-aii/34-bail after arrest-prayer for--bail accepted--prohibitory clause-constradiction in fir and mlr--no specific injury attributed to accused-case is of further inquiry-alleged offence does not fall within prohibitory clause of s. 497 cr.p.c.-bail is granted as rule and refusal an exception-bail accepted.
Citation Name: PLJ 2004 Cr.C 731
Appelant Side: MUHAMMAD HANIF
V e r s u s
Opponent Side: STATE
Judge Name: M. BILAL KHAN
--s. 497(l)--pakistan penal code, 1860 (xlv of 1860), ss. 337-a (i), 337-a (ii), 337-f (i), 337-h (ii), 379, 506, 148, 149-commission of--bail post- arrest-application for-rejection of-challenge to-held: complainant was stripped naked and was given thrashing by accused person makes a . very painful reading victim sustained 16 merciless injuries corroborated by medical report and injury attributed to accused on head of victim exposed bone and attracted section 337-a(ii) entailing punishment of 5 years imprisonment which was a non-bailable offence-recovery also effected from accused-held further: accused is not entitled to discretionary relief of bail-"petition dismissed.

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Citation Name: PLJ 2004 Cr.C 810
Appelant Side: ZULFIQAR ALI and another
V e r s u s
Opponent Side: STATE
Judge Name: NASIM SABIR,
-s. 497--pakistan penal code, 1860 (xlv of 1860), ss,337-a(i), 337-a (ii), 337-l (2), 337 f(ii) 337-c, 324, 34 bail granted-prayer for-further inquiry-cross version-question of aggressor-prohibitory clause-- determined-both parties were injured by each other and it could not be determined at that stage, which party was aggressor-held : cases are covered for grant of bail on ground of further inquiry contemplate under section 497(2) cr.p.c.-bail granted on ground of further enquiry for reason that question as to which version is correct is to be decided by trial court-further held : case does not fall within prohibitory clause-bail granted.

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Citation Name: PLJ 2004 Cr.C 819
Appelant Side: MUNIR AHMED
V e r s u s
Opponent Side: STATE
Judge Name: NASIM SABIR
-s. 497(2)--pak'istan penal code, 1860 (xlv of 1860) ss. 334, 337-a (ii), 337l (ii), 34-post arrest bail-application for-accused was not armed with knife at time of occurrence-section 334 was deleted hence his case did not fall within prohibitory clause of s. 497(1) cr.p.c.-accused was behind bars for four months and was no more required by police for further investigation-held : co-accused was granted bail-case of accused is one of further enquiry within purview of section 497(2), cr.p.c.-bail allowed.

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Citation Name: PLJ 2004 Cr.C 824
Appelant Side: Mst. AFSAR BIBI
V e r s u s
Opponent Side: STATE
Judge Name: NASIM SABIR
-s. 497--pakistan penal code, 1860-ss. 324, 334, 337-a(ii) 337-f(i), 148, 149-bail application-prayer for-female accused chopped off penis of complainant's son-further enquiry-bail granted-accused was nominated by supplementary statement-prosecution version had given in fir has been belied by supplementary statement made by victim after one month and six days of occurrence-third version had also been put forward by accused that female accused was subjected to rape and in order to save, female accused had used knife and injured him-accused was not free from doubt and falls under ambit of further inquiry-held : accused being lady is covered under proviso to s. 497 cr.p.c. and released on bail-wisdom behind that proviso to protact woman from rigorous of imprisonment before trial court and to save womenfolk from atmosphere of jail which is of course not congenial for women, children, minors and old age persons-accused falls under ambit of further inquiry and bail granted.

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Citation Name: PLJ 2004 Cr.C 932
Appelant Side: NADEEM alias CHOCHO
V e r s u s
Opponent Side: STATE
Judge Name: MUHAMMAD FARRUKH MAHMUD,
-s. 497, pakistan penal code, 1860 (xlv of 1860)-s. 337-l(ii), 337-f(ii), 337(a)(ii), 34-bail-grant of-simple injuries--offence not falling within the prohibitory clause of section 497 cr.p.c.-investigation almost completed-previous non-convict--behind the bars for last about five month-bail granted.

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Citation Name: PLJ 2004 Cr.C 934
Appelant Side: AZIZ-UR-REHMAN
V e r s u s
Opponent Side: STATE
Judge Name: M. BILAL KHAN
-s. 497-pakistan penal code, 1860 (xiv of i860), s. 337-a(ii), 337-l(2), 109 (34)~bail grant of--prayer for--offences did not fall within prohibitory clause of s. 497 cr.p.c.-no allegation of repeat of blow or any cruel or unusual act-no exceptional circumstances to withhold the concession of bail-trial not yet commenced-bail granted.

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Citation Name: PLJ 2004 Cr.C 963
Appelant Side: MUHAMMAD SIDDIQUE
V e r s u s
Opponent Side: STATE
Judge Name: CH. IFTIKHAR HUSSAIN
--s. 497-pakistan penal code, 1860 (xlv of 1860), ss. 302, 324, 148, 149, 337-a(i)(ii), 337-f(i)(v) & 337-l(ii)-post arrest bail grant of-prayer for- counter firing-cross versions-one party was deceased one person while other party had sustained injuries-question of liability-vicarious liability is to be gone into at trial-case therefore is one of further inquiry into his guilt and covered under sub-section (2) of section 497 cr.p.c.- held: petition accepted and bail granted

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Citation Name: PLJ 2004 Cr.C 981
Appelant Side: FAYYAZ MEHMOOD KHAN and another
V e r s u s
Opponent Side: STATE
Judge Name: IJAZ AHMAD CHAUDHRY
--ss. 337-a(ii), 337-j, 34-conviction and sentence-challenge to-concurrent findings of magistrate and addl. sessions judge convicting accused u/s. 337-a(ii) and acquitting u/s. 337-j p.p.c.-challenge to-revisional jurisdiction-appreciation of evidence-statement of pw-1, during investigation recorded u/s. 161 cr.p.c. after 7 months of occurrence, inference would be that pwl was not ready to support prosecution story-according to complainant she was unconscious at the time of occurrence-statement of pw-1 could not be relied upon to corroborate statement of pw-2-no independent corroboration of statement of pw-2, the same was not sufficient to record conviction-both . courts below committed material illegality while relying upon his statement-prosecution could not produce sufficient evidence to bring home guilt to petitioner o beyond shadow of doubt-revision petition accepted and impugned judgments of conviction and sentence is set aside.

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Citation Name: PLJ 2004 Cr.C 981
Appelant Side: FAYYAZ MEHMOOD KHAN and another
V e r s u s
Opponent Side: STATE
Judge Name: IJAZ AHMAD CHAUDHRY
-ss. 337a(ii)/34~crimmal procedure code, 1898 (v of 1898), ss. 435 & 439-conviction and sentence-challenge to-improvements and contradictions-appreciation of evidence-complainant's sister married with brother of petitioners and spouses were disputing regarding payment of dower, hence there was ill-will between parties- improvements made by complainant and his statement was contradictory to p.ws-on receipt of information of administering of poison he went to his sister's house while stated before court that husband of her sister gave that information to him-pw-6 and others were also with him but did not mention their names at times of trial-pw-6 stated that per chance was getting a key prepared near main gate of the house when he heard alarm and witnessed the occurrence-specific injury was attributed to petitioner fayyaz by pw-2 but at trial dishonestly improvement was made and two pistol butt blows ascribed to said petitioner as in mlr two injuries were found on his person-also attributed role to other petitioner of catching hold of him-she was allegedly administered poison, and went to police station for registration of case-none of the independent person of vicinity produced either in investigation or before csurt-according to pw-6, 25/30 persons were gathered at the spot-such improvements and contradictions on material points were sufficient to declared witness (complainant) untrustworthy-courts below failed to notice same, hence, mis-read and non-read evidence on record-convicts acquitted of charge and extending benefit of doubt-application for enhancement of sentence dismissed-petition dismissed.

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Citation Name: PLJ 2004 Cr.C 1024
Appelant Side: IMTIAZ HUSSAIN SHAH
V e r s u s
Opponent Side: STATE
Judge Name: SARDAR MUHAMMAD ASLAM,
-s. 497--pakistan penal code, (xlv of 1860), ss. 302, 324, 337-a(l), 337(f)(ii), 147, 149--bail declined-prayer for-accused was alleged armed with pistol and brought out complainant's person and started beating to complainant and companions-accused was vicariously liable for offence in which one person lost life while others received injuries-accused had been found guilty by investigation-offence was punishable . with death-accused does not entitle to concession of bail-bail dismissed.
Citation Name: PLJ 2003 Cr.C 114
Appelant Side: MITOO
V e r s u s
Opponent Side: STATE
Judge Name: CH. IFTIKHAR HUSSAIN
--s. 497(2)-pakistan penal code (xlv of 1860), s. 337-a (l)(ii)- entitlement to concession of bail-conflict was apparent in narration of f.i.r. as regards petitioner's role in commission of crime and medico- - legal report of injured person-no specific injury has been attributed to petitioner-case against petitioner was thus of further inquiry in terms of s. 497(2) of cr.p.c.-petitioner was behind bars for last four months and his case does not fall within prohibitory clause of s. 497 cr.p.c. and he was not a previous convict-petitioner was thus, admitted to bail subject to furnishing bail bond in sum of specified amount to satisfaction of trial court.

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Citation Name: PLJ 2003 Cr.C 523
Appelant Side: LALLO and another
V e r s u s
Opponent Side: STATE
Judge Name: CH. IrriKHAR HUSSAIN
-s. 497(2)"bail"offence u/ss. 302/324/337-h(ii)/337-i(iii), 337-a(i) 337- f(i) 148/149 ppc-no injury to deceased has been attributed to petitioner-petitioner allegedly caused sota blow to pw on his right shoulder and back of chest-second petitioner has been ascribed sota blow to other pw on back of his head-it has not been denied by prosecution and complainant's side-that head injury of one pw has been declared as shajah khafifa-question of their various liability for murder of deceased would definitely be gone into at trial-their case therefore, is covered under sub-section (2)( of section 497 cr.p.c. requiring further inquiry into their guilt-bail granted.

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Citation Name: PLJ 2004 Cr.C 642
Appelant Side: MAZHAR ABBAS
V e r s u s
Opponent Side: STATE & another
Judge Name: CH. IFTIKHAR HUSSAIN
--s. 200 read with pakistan penal code, 1860 (xlv of 1860) ss. 337-a (i), 337-f (iii), 324 and 34-inquiry report-offences u/ss. 337-a (1), 337- f(iii) & 34 are made out whereas the offence u/s. 324 was not made out- held : plea of petitioner that complaint is counter blast requires evidence for its determination-mlrs are bogus is a question which too requires to be proved in due course of trial-summoning to witnesses were correct- revision petition dismissed in limine.

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Citation Name: PLJ 2004 Cr.C 903
Appelant Side: MUHAMMAD ALTAF and 3 others
V e r s u s
Opponent Side: STATE
Judge Name: AsiF SAEED KHAN KHOSA
-s. 439, pakistan penal code (xlv of 1860)--s. 324, s. 337-a (ii), f(iii)- criminal revision-accepted-settled principle-evan a person in peaceful and settled but unlawful possession of a property in entitled to exercise his right of private defence vis-a-vis an attempt by his adversaries to take forcible possession of such property-every indication available on record of case to conclude that a peaceful and settled possession of the relevant land by the petitioners, which complainant party maintained to be unlawful or unjustified had been tried by complainant parly of the case to be disturbed and in such a bid by the complainant party some member of the complainant party had received injuries at the hands of the petitioner's party-this aspect had been overlooked by learned courts below-revision petition allowed-findings of the learned trial court set-aside

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Citation Name: PLJ 2003 Cr.C 1023
Appelant Side: MAQSOOD AHMAD and another
V e r s u s
Opponent Side: STATE
Judge Name: CH. IFTIKHAR HUSSAIN
--s. 497(2)-petitioner seeks post arrest bail in a case registered under pakistan penal code, 1860 (xlv of 1860), ss. 324/337-a(i)/337- a(ii)/337-f(i)/337-f(vi)/148/149-case of further inquiry-cross-version case--existence of cross-version was borne out from record as police had opted to challan five persons of complainant party including complainant himself-who was aggressor and who was aggressed upon will be ascertained later on, which had rendered case against accused open to further inquiry as envisaged by sub-section (2) of s. 497, cr.p.c.- accused who were behind bars for last about seven months, were previous non-convict-bail granted.

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Citation Name: PLJ 2002 Sh.C-AJ&K 14
Appelant Side: MUHAMMAD BASHIR
V e r s u s
Opponent Side: MIRZA ALI and 5 others
Judge Name: SARDAR MUHAMMAD NAWAZ KHAN
-ss. 497 £ 439-pakistan penal code (xlv of 1860), ss. 337-a (1 & 2) & 337-f(5)--pre-arrest bail granted to respondents by trial court-validity-courts have to form tentative view while deciding bail application and if facts of case suggest to allow pre-arrest bail, same should be granted even in ausence of maza fide on the part of police-absence of mala fide or ulterior motive on the part of police could not be allowed to debar accused from concession of bail if he succeeds to make out his case for bail-to allow bail or to refuse the same being discretionary matter, same should be exercised in a judicial fashion-concession extended to respondents was not found to have been given perversly or against settled principles of law governing bail matters-facts of the case did not suggest at present stage as to who was aggressor party-injuries sustained by both parties would suggest the case to the ambit of further probe into guilt of accused party-case having been challaned, respondents were facing trial before competent court, therefore, no useful purpose would be served to re-call impugned order-impugned order was, thus, allowed to stand and revision petition against the same was dismissed as being without substance.

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Citation Name: PLJ 2002 Cr.C 1018
Appelant Side: MUHAMMAD AFZAL alias HAFIZ
V e r s u s
Opponent Side: STATE
Judge Name: KH. MUHAMMAD SHARIF
--ss. 337-a (i), 337-f (i) and 302--murder--offence of--conviction andsentence-appeal against-onus to'bring case under one of exception to section 300-question of-it is settled, principle of law that if any accusedwants to bring his case under one of exception .to section 300 ppc as it was available or u/section 302(c) ppc that according to art. 121 ofqanoon-e-shahadat order, 1984, onus lies on him to prove same-.-it was version of appellant that he was injured, his companions including hismother and sister were also injured but neither his mother nor his sister was examined, even not a single witness was produce from village toverify and to substantiate version of appellant-held : prosecution has been successful in proving its case against appellant to its hilt-appealdismissed.

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Citation Name: PLJ 2001 Supreme Court 389
Appelant Side: BAZ MUHAMMAD
V e r s u s
Opponent Side: STATE
Judge Name: DEEDAR HUSSAIN SHAH AND HAMED ALL MlRZA
-s. 337-a~in view of complete paralyzation of lower portion of body of injured, arsh of rs. 4,00,000/- has properly been calculated and awarded.

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Citation Name: PLJ 2009 Cr.C 1015
Appelant Side: MUHAMMAD SAJJAD etc
V e r s u s
Opponent Side: STATE etc
Judge Name: Pervaiz Inayat Malik
----s. 498--pakistan penal code, (xlv of 1860), ss. 337-a(i), 337-a(ii), 337-l(ii), 148 & 149--bail before arrest, confirmed--further inquiry--enmity exists between the parties--element of malafide of cross-version--injuries caused by accused were not visible--held: accused had made out a case of further inquiry within the parameters of s. 497, cr.p.c. read with s. 498, cr.p.c.--bail before arrest was confirmed.

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Citation Name: PLJ 2009 Cr.C 1052
Appelant Side: MUHAMMAD HUSSAIN alias MALANG etc
V e r s u s
Opponent Side: STATE
Judge Name: Khurshid Anwar Bhinder
----s. 498--pakisan penal code, (xlv of 1860)--ss. 452, 337-l(ii), 337-a(ii), 337-f(i), 337-a(i), 148 & 149--bail before arrest, confirmed--enmity existed between the parties--nominated in fir with specific roles--both the parties suffered injuries--free fight took place between the parties--held: when there is a cross-fight and both the parties suffered injuries it is to be seen at the time of trial as to which one was aggressor party--at bail stage only tentative assessment is to be made--there was some enmity between the parties which had ultimately led to cross-fight--malafides on the part of complainant stand established as both the parties belong to different factions and there exists enmity between them--bail confirmed.
Citation Name: PLJ 2003 Cr.C 114
Appelant Side: MITOO
V e r s u s
Opponent Side: STATE
Judge Name: CH. IFTIKHAR HUSSAIN
--s. 497(2)-pakistan penal code (xlv of 1860), s. 337-a (l)(ii)- entitlement to concession of bail-conflict was apparent in narration of f.i.r. as regards petitioner's role in commission of crime and medico- - legal report of injured person-no specific injury has been attributed to petitioner-case against petitioner was thus of further inquiry in terms of s. 497(2) of cr.p.c.-petitioner was behind bars for last four months and his case does not fall within prohibitory clause of s. 497 cr.p.c. and he was not a previous convict-petitioner was thus, admitted to bail subject to furnishing bail bond in sum of specified amount to satisfaction of trial court.

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Citation Name: PLJ 2003 Cr.C 523
Appelant Side: LALLO and another
V e r s u s
Opponent Side: STATE
Judge Name: CH. IrriKHAR HUSSAIN
-s. 497(2)"bail"offence u/ss. 302/324/337-h(ii)/337-i(iii), 337-a(i) 337- f(i) 148/149 ppc-no injury to deceased has been attributed to petitioner-petitioner allegedly caused sota blow to pw on his right shoulder and back of chest-second petitioner has been ascribed sota blow to other pw on back of his head-it has not been denied by prosecution and complainant's side-that head injury of one pw has been declared as shajah khafifa-question of their various liability for murder of deceased would definitely be gone into at trial-their case therefore, is covered under sub-section (2)( of section 497 cr.p.c. requiring further inquiry into their guilt-bail granted.

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Citation Name: PLJ 2004 Cr.C 642
Appelant Side: MAZHAR ABBAS
V e r s u s
Opponent Side: STATE & another
Judge Name: CH. IFTIKHAR HUSSAIN
--s. 200 read with pakistan penal code, 1860 (xlv of 1860) ss. 337-a (i), 337-f (iii), 324 and 34-inquiry report-offences u/ss. 337-a (1), 337- f(iii) & 34 are made out whereas the offence u/s. 324 was not made out- held : plea of petitioner that complaint is counter blast requires evidence for its determination-mlrs are bogus is a question which too requires to be proved in due course of trial-summoning to witnesses were correct- revision petition dismissed in limine.

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Citation Name: PLJ 2004 Cr.C 903
Appelant Side: MUHAMMAD ALTAF and 3 others
V e r s u s
Opponent Side: STATE
Judge Name: AsiF SAEED KHAN KHOSA
-s. 439, pakistan penal code (xlv of 1860)--s. 324, s. 337-a (ii), f(iii)- criminal revision-accepted-settled principle-evan a person in peaceful and settled but unlawful possession of a property in entitled to exercise his right of private defence vis-a-vis an attempt by his adversaries to take forcible possession of such property-every indication available on record of case to conclude that a peaceful and settled possession of the relevant land by the petitioners, which complainant party maintained to be unlawful or unjustified had been tried by complainant parly of the case to be disturbed and in such a bid by the complainant party some member of the complainant party had received injuries at the hands of the petitioner's party-this aspect had been overlooked by learned courts below-revision petition allowed-findings of the learned trial court set-aside

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Citation Name: PLJ 2003 Cr.C 1023
Appelant Side: MAQSOOD AHMAD and another
V e r s u s
Opponent Side: STATE
Judge Name: CH. IFTIKHAR HUSSAIN
--s. 497(2)-petitioner seeks post arrest bail in a case registered under pakistan penal code, 1860 (xlv of 1860), ss. 324/337-a(i)/337- a(ii)/337-f(i)/337-f(vi)/148/149-case of further inquiry-cross-version case--existence of cross-version was borne out from record as police had opted to challan five persons of complainant party including complainant himself-who was aggressor and who was aggressed upon will be ascertained later on, which had rendered case against accused open to further inquiry as envisaged by sub-section (2) of s. 497, cr.p.c.- accused who were behind bars for last about seven months, were previous non-convict-bail granted.

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Citation Name: PLJ 2002 Sh.C-AJ&K 14
Appelant Side: MUHAMMAD BASHIR
V e r s u s
Opponent Side: MIRZA ALI and 5 others
Judge Name: SARDAR MUHAMMAD NAWAZ KHAN
-ss. 497 £ 439-pakistan penal code (xlv of 1860), ss. 337-a (1 & 2) & 337-f(5)--pre-arrest bail granted to respondents by trial court-validity-courts have to form tentative view while deciding bail application and if facts of case suggest to allow pre-arrest bail, same should be granted even in ausence of maza fide on the part of police-absence of mala fide or ulterior motive on the part of police could not be allowed to debar accused from concession of bail if he succeeds to make out his case for bail-to allow bail or to refuse the same being discretionary matter, same should be exercised in a judicial fashion-concession extended to respondents was not found to have been given perversly or against settled principles of law governing bail matters-facts of the case did not suggest at present stage as to who was aggressor party-injuries sustained by both parties would suggest the case to the ambit of further probe into guilt of accused party-case having been challaned, respondents were facing trial before competent court, therefore, no useful purpose would be served to re-call impugned order-impugned order was, thus, allowed to stand and revision petition against the same was dismissed as being without substance.

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Citation Name: PLJ 2002 Cr.C 1018
Appelant Side: MUHAMMAD AFZAL alias HAFIZ
V e r s u s
Opponent Side: STATE
Judge Name: KH. MUHAMMAD SHARIF
--ss. 337-a (i), 337-f (i) and 302--murder--offence of--conviction andsentence-appeal against-onus to'bring case under one of exception to section 300-question of-it is settled, principle of law that if any accusedwants to bring his case under one of exception .to section 300 ppc as it was available or u/section 302(c) ppc that according to art. 121 ofqanoon-e-shahadat order, 1984, onus lies on him to prove same-.-it was version of appellant that he was injured, his companions including hismother and sister were also injured but neither his mother nor his sister was examined, even not a single witness was produce from village toverify and to substantiate version of appellant-held : prosecution has been successful in proving its case against appellant to its hilt-appealdismissed.

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Citation Name: PLJ 2001 Supreme Court 389
Appelant Side: BAZ MUHAMMAD
V e r s u s
Opponent Side: STATE
Judge Name: DEEDAR HUSSAIN SHAH AND HAMED ALL MlRZA
-s. 337-a~in view of complete paralyzation of lower portion of body of injured, arsh of rs. 4,00,000/- has properly been calculated and awarded.

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Citation Name: PLJ 2009 Cr.C 1015
Appelant Side: MUHAMMAD SAJJAD etc
V e r s u s
Opponent Side: STATE etc
Judge Name: Pervaiz Inayat Malik
----s. 498--pakistan penal code, (xlv of 1860), ss. 337-a(i), 337-a(ii), 337-l(ii), 148 & 149--bail before arrest, confirmed--further inquiry--enmity exists between the parties--element of malafide of cross-version--injuries caused by accused were not visible--held: accused had made out a case of further inquiry within the parameters of s. 497, cr.p.c. read with s. 498, cr.p.c.--bail before arrest was confirmed.

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Citation Name: PLJ 2009 Cr.C 1052
Appelant Side: MUHAMMAD HUSSAIN alias MALANG etc
V e r s u s
Opponent Side: STATE
Judge Name: Khurshid Anwar Bhinder
----s. 498--pakisan penal code, (xlv of 1860)--ss. 452, 337-l(ii), 337-a(ii), 337-f(i), 337-a(i), 148 & 149--bail before arrest, confirmed--enmity existed between the parties--nominated in fir with specific roles--both the parties suffered injuries--free fight took place between the parties--held: when there is a cross-fight and both the parties suffered injuries it is to be seen at the time of trial as to which one was aggressor party--at bail stage only tentative assessment is to be made--there was some enmity between the parties which had ultimately led to cross-fight--malafides on the part of complainant stand established as both the parties belong to different factions and there exists enmity between them--bail confirmed.
Citation Name: PLJ 2001 Tribunal Cases 149
Appelant Side: MUHAMMAD RAMZAN
V e r s u s
Opponent Side: STATE
Judge Name: MIAN MUHAMMAD NAJAM-UZ-ZAMAN
--ss. 337-a (ii), 337-f (i) & 439--appeal against conviction and sentence- quantum of proof, whether sufficient to uphold conviction-eye witnesses had supported prosecution case in verbatim-credibility of such witnesses could not be shaken in cross-examination-no enmity qua petitioner was shown to discredit witnesses-presence of such witnesses at the spot being residents of the area could not be doubted especially when one of them had received injuries from the hands of accsued- prosecution had thus, proved its case to the hilt-petitioner had failed to point out any illegality in impugned judgments warranting interference by high court in its revisional jurisdiction-high court, however, taking lenient view of sentence reduced the same to the period already undergone by him-sentence of fine was also reduced.

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Citation Name: PLJ 2001 Cr.C 786
Appelant Side: S1DDIQUE and another
V e r s u s
Opponent Side: STATE
Judge Name: SYED ZAVAVAR HussAlN JAFFiiKS
- -ss. 302/34; 337-a, 337-f ami s. 324 of qisas and im court has not evaluated legal position as well a.-; ia \<; ,-;:,v witness-trial court has also not extended belief;! undu sec;:';: cr.p.c. to appellants while passing order of conviction-appl-ban reportedly declared innocent by police whereas trial coun i.a.-- oo that capital charge under section 302 ppc is nor proved again:-1-intention to cause death or knowledge that death was likciy accordance with _remain intact--appellants are entitled to rai^-e ti.e;; a.i appeal in lower court-case remanded. mr. mushtaq hussain ska!/, advocate for appella mr. g.d. s/m/iani, a.a.g. for resijondent, date of hearing ; 0.4.200.!.
Citation Name: PLJ 2001 Tribunal Cases 149
Appelant Side: MUHAMMAD RAMZAN
V e r s u s
Opponent Side: STATE
Judge Name: MIAN MUHAMMAD NAJAM-UZ-ZAMAN
--ss. 337-a (ii), 337-f (i) & 439--appeal against conviction and sentence- quantum of proof, whether sufficient to uphold conviction-eye witnesses had supported prosecution case in verbatim-credibility of such witnesses could not be shaken in cross-examination-no enmity qua petitioner was shown to discredit witnesses-presence of such witnesses at the spot being residents of the area could not be doubted especially when one of them had received injuries from the hands of accsued- prosecution had thus, proved its case to the hilt-petitioner had failed to point out any illegality in impugned judgments warranting interference by high court in its revisional jurisdiction-high court, however, taking lenient view of sentence reduced the same to the period already undergone by him-sentence of fine was also reduced.

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Citation Name: PLJ 2001 Cr.C 786
Appelant Side: S1DDIQUE and another
V e r s u s
Opponent Side: STATE
Judge Name: SYED ZAVAVAR HussAlN JAFFiiKS
- -ss. 302/34; 337-a, 337-f ami s. 324 of qisas and im court has not evaluated legal position as well a.-; ia \<; ,-;:,v witness-trial court has also not extended belief;! undu sec;:';: cr.p.c. to appellants while passing order of conviction-appl-ban reportedly declared innocent by police whereas trial coun i.a.-- oo that capital charge under section 302 ppc is nor proved again:-1-intention to cause death or knowledge that death was likciy accordance with _remain intact--appellants are entitled to rai^-e ti.e;; a.i appeal in lower court-case remanded. mr. mushtaq hussain ska!/, advocate for appella mr. g.d. s/m/iani, a.a.g. for resijondent, date of hearing ; 0.4.200.!.