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Initializing Secure Chambers
Petitioner: AAMER SHAHZAD VS Respondent: MUHAMMAD ASIM and anothers
Court Name: Supreme Court of Pakistan Judge(s): Hamid Ali Mirza, Rana Bhagwan Das Title: AAMER SHAHZAD vs MUHAMMAD ASIM and anothers Case No.: Criminal Petition No,166-L of 2005 Date of Judgment:2005-07-05 Reported As: 2006 SCMR 558 Result: Leave refused
Judgment ORDER ' RANA BHAGWANDAS, J.--- Leave to appeal is sought against the Lahore High Court order, dated 4- 3-2005 admitting respondent Muhammad Asim in a case under section 337-A(ii), P.P.C. 2. Precise allegations against the respondent appear to be that he dealt a hatchet blow on the person of injured Muhammad Zafar on frontal region of head which on examination was found to be 4.5 x 1 c.m. After X-ray of skull the injury was certified to be "Shajjah-iMudiha", falling under section 337-A(ii), P.P.C. Maximum punishment for this offence provided under the law does not exceed 5 years. 3. Learned counsel attempted to argue that learned Judge in Chambers of the High Court was misled in observing that injury attributed to the respondent by means of hatchet on the person of Aamer Shahzad was not reflected in the Medico-legal report and the F.I.R. Be that as it may, on perusal of record including medico-legal certificates, we find that it was a bona fide slip of pen or a clerical error, which does not invalidate the essence of the order of the High Court. 4. Since the investigation had been completed and the respondent was behind the bars, awaiting his trial along with co-accused persons, discretion exercised by the High Court, in our considered opinion, does not suffer from any error of law or jurisdiction. 5. In the peculiar facts and circumstances of the case we do not find any legal infirmity or arbitrariness in the impugned order, which does not warrant any interference. Petition is, therefore, dismissed and .