Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: DOST MUHAMMAD VS Respondent: THE STATE and others
Court Name: Supreme Court of Pakistan Judge(s): Amir Hani Muslim, Tasaddaq Hussain Jillani Title: DOST MUHAMMAD vs THE STATE and others Case No.: Criminal Petition No, 300-L of 2011 Criminal Miscellaneous No,3201/B of 2011 Date of Judgment:2011-05-11 Reported As: 2012 SCMR 117 Result: Bail allowed
Judgment ORDER ' TASSADUQ HUSSAIN JILLANI, J.---This shall be read as part of the order dated 9-5-2011 vide which one of the petitioners, Muhammad Nasir (petitioner No, 1) was granted bail inter alia on the grounds that the injury on the ear of injured Muhammad Adnan was found to be Shajjah-e- Khafifah in terms of Medical Board's report dated 23-12-2010; that the prosecution case had been found to be partly false as only two out of eight accused had finally been sent up for trial and the question of petitioner's guilt required further inquiry. However, by inadvertence, no finding was given regarding the case of petitioner No,2 Dost Muhammad. In these circumstances on the office report dated 10-5-2010, we issued notice to petitioners' learned counsel and learned Additional' Prosecutor-General for today. Then have been heard. 2. Petitioner No, 2 Dost Muhammad was attributed three injuries i,e, injury No, 1 on the ear with blunt weapon, injury No, 2 with sharp edged weapon and injury No, 8 on the thigh with blunt weapon. The only injury which was initially found to be serious, was declared by the Medical Board to be Shajah- e-Khafifah, would bring the case within the mischief of section 337A(i), P.P.C., which is punishable with two years' R.I. In terms of the injuries caused, the case of petitioner No, 2 does not fall within the prohibitory clause of section 497, Cr.P.C. He is behind the bars for the last more than one year and eleven months and no more required for further investigation. In these circumstances, he too is entitled to bail. Consequently, he is allowed bail and subject to his furnishing bonds in the sum of Rs, 100,000 with one surety in the like amount to the satisfaction of the trial Court, he shall be IA released on bail.