Full Judgment Text & Judicial Ruling

2005 Y L R 1692

2005 Y L R 1692

[Lahore]

Before Ch. Iftikhar Hussain, J

MANZOOR AHMAD---Petitioner

Versus

THE STATE---Respondent

Criminal Miscellaneous No.983-B of 2005, decided on 23rd February, 2005.

Criminal Procedure Code (V of 1898)-

------S. 497---Penal Code (XLV of 1860), Ss.337-F(vi), 337-L(2) & 34---Bail, refusal of---Accused had been ascribed two injuries to the injured, one on his left knee and other under the left backside of his chest and injury on left knee of injured had been declared as fracture of thigh---Injured, who was present in Court, was standing with the support of two persons---Injured was under treatment for the last about 7 months and in fact had become crippled of his left leg-- Injury caused by accused in fact was Itlaf-e -Salahiyyat of his left leg---In view of attribution of such injury to accused which had made the injured crippled, High Court declined to extend any discretion in his favour though, offence alleged against him did not fall within the prohibitory clause of S.497(1) Cr.P.C Refusal of bail to accused was warranted in facts and' circumstances of the case.

Mian Ata-ur-Rehman Petitioner.

Ch. Riasat Ali for the State.

Sardar Fawad Ahmad with injured Muhammad Tufail.

Muhammad Ramzan, A.S.-I. with Police Record.

ORDER

Petitioner Manzoor Ahmad through the instant petition has sought post-arrest bail in case F.I.R. No.267 dated 28-7-2004 under sections 337-F(vi)/337-L(2)/34, P.P.C. registered with Police Station, Allah Abad District, Kasur.

2. Briefly the prosecution case as per F.I.R. is that on 21-7-2004 at about 10 a.m. Bashir Ahmad armed with Sota, Manzoor Ahmad (petitioner) with Kassi and Muhammad Ali with Sota; in furtherance of their common intention have caused injuries to Muhammad Tufail, the father of the complainant. Bashir Ahmad raised Lalkara that he be caught and killed. Manzoor Ahmad, thereupon inflicted blow with blunt side of the Kassi to him hitting on his left knee. Muhammad Ali inflicted him Sota blow on his right backside of the chest. Bashir Ahmad inflicted him Sota blow on the left backside of the chest. Manzoor Ahmad gave him an other blow with the blunt side of the hatchet under the left backside of his chest. On the noise Muhammad Shaft and Muhammad Hanif Were attracted to the spot, who rescued him.

3. After hearing the learned counsel for the parties and perusing the record, find that the petitioner has been ascribed two injuries to injured Muhammad Tufail. One of these was on his left knee and the other under the left backside of his chest. The injury on his left knee has, been declared as fracture of the thigh. The injured is present in Court. He is standing with the support of two persons. Learned counsel for the complainant has submitted that he is under treatment for the last about 7 months and in fact he has become crippled of his left leg. According to him, the injury caused to him by the petitioner in fact is Itlaf-e-Salhayyat of his left leg. In view of the attribution of such injury to the petitioner, which has made the. injured crippled, I am not inclined to extend my discretion in his favour though the offence alleged against him does not fall within the prohibitory clause of section 497(1), Cr.P.C. The refusal of bail to him warranted in such facts and circumstances of the case. 'The petition, therefore, is dismissed.

H.B.T./M-983/L Petition dismissed.

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