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Petitioner: MUHAMMAD JAFFAR VS Respondent: STATE
1993 S C M R 248
1993 S C M R 248
[Supreme Court of Pakistan]
Present: Nasim Hasan Shah and Muhammad Rafiq Tarar, JJ
MUHAMMAD JAFFAR‑‑‑Petitioner
versus
THE STATE and another‑‑‑Respondents
CrA. No.95 of 1991 in Cr.P.S.LA. No.185 of 1991, decided on 29th June, 1992.
(On appeal from the order dated 12‑5‑1991 in Cr. Misc. No.1002/B of 1990).
Penal Code (XLV of 1860)‑‑‑
‑‑‑‑Ss. 452, 379, 337‑A & 337‑F‑‑‑Criminal Procedure Code (V of 1898), S.497‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Bail, grant of‑‑‑Accused was first offender and had remained behind the bars for two weeks‑‑‑Injury attributed to accused was on a non‑vital part of the body of the complainant‑‑ Petition was converted into appeal and the accused was allowed bail in circumstances.
Q.M. Saleem, Advocate Supreme Court assisted by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
Malik Saeed Ifzal, Advocate Supreme Court for the State.
Date of hearing: 29th June, 1991.
JUDGMENT
MUHAMMAD RAFIQ TARAR, J: ‑‑Muhammad Jaffar petitioner seeks leave to appeal from the order dated 12‑5‑1991 of a learned Single Judge of the Lahore High Court whereby bail allowed to him by the learned Magistrate 1st Class, Jaranwala, on 16‑2‑1991, in a case under sections 452 and 379 of P.P.C. and section 337‑A & 337‑F of Qasis and Diyat Ordinance, 1990, was cancelled.
2. The prosecution version is that the petitioner alongwith two others trespassed into the poultry farm of the complainant, caused him stick blows and took away Rs.3,5W, belonging to him.
3. The bail of the petitioner was cancelled on the ground that the grievous injury on the right forearm of the complainant was attributed to him.
4. We have heard the learned counsel for the petitioner. From the order of the learned Additional Sessions Judge dated 24‑2‑1991 it appears that the petitioner was first offender and had remained behind the bars for two weeks before he was allowed bail by the learned Magistrate. The injury was on a non -vital part of the body. We, therefore, convert this petition into an appeal, allow it and direct that the petitioner shall continue on the bail bonds already furnished by him pursuant to the order of the learned Magistrate.
N.H.Q./M‑1700/S Appeal allowed.