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1999 MLD 3351

ALLAH WASAYA vs THE STATE

Petitioner: ALLAH WASAYA VS Respondent: THE STATE

Court: Lahore High Court Decision Date: 1998-06-15

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Sh. Abdul Razzaq Title: ALLAH WASAYA vs THE STATE Case No.: Criminal Miscellaneous No,348-B of 1998 Date of Judgment:1998-06-15 Reported As: 1999 MLD 3351 Result: Bail allowed

Judgment ORDER ' Petitioner stands charged under sections 324/34, 337-A-II, P.P.C. Vide, F.I.R. No,27, dated 8-2-1998 registered at Police Station Pacca Larah Tehsil Liaqatpur District Rahimyar Khan for causing injuries to Muhammad Aslam complainant. 2. Contention of the learned counsel for the petitioner is that as per M.L.R. The injury attributed to the present petitioner at the most falls under section 337-A-II, P.P.C. And not under section 324, P.P.C., that the petitioner was arrested on 8-2-1998 but his arrest has been shown on 18-2-1998, that the offence alleged against him does not fall within the prohibitory clause as such petition may be accepted and he may be admitted to bail. 3. Conversely the petition has been opposed by the learned counsel for the State. 4. According to the contents of F.I.R. The petitioner has been assigned the role of causing a hatchet injury on the head of Muhammad Aslam complainant. As per M.L.R. The said injury has been declared as Shajjah-i-Madihah which falls within the provisions of section 337-A-11, P.P.C. And is punishable up to 5 years. The petitioner was arrested on 18-2-1998 though as per contention of the petitioner he was arrested on 8-2-1998. The offence does not fall within the prohibitory clause as such petition is accepted and he is admitted to bail in the sum of Rs,10,000 (Ten Thousand only) with one surety in the like amount to the satisfaction of the trial Court.

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