Pakistan Case Law
2000 MLD 480

MUHAMMAD ZAMAN vs STATE

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Citation2000 MLD 480
CourtLahore High Court
Case No.Criminal Miscellaneous No,7037-B of 1998
Date1999-03-08
Judge(s)Muhammad Asif Jan
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This criminal petition concerns an application for post-arrest bail filed by the petitioner, Muhammad Zaman, who was charged under sections 337-F(iv), 337-L(ii), and 337-H(ii) read with section 34 of the Pakistan Penal Code 1860. The petitioner was accused of causing a fracture to the right arm of the complainant, Mst. Najma Bibi, using the butt of a rifle during an incident occurring on March 15, 1998. The core legal question before the Court was whether the petitioner was entitled to the grant of bail given the nature of the injuries inflicted and the evidence presented. Upon reviewing the circumstances of the case, the Court held that the specific act of violence—causing a fracture to the victim—disentitled the petitioner from the grant of bail. Consequently, the Court dismissed the bail petition. The Court further directed the trial court, where the challan had already been submitted, to conclude the trial proceedings expeditiously. The judgment underscores that serious physical injury, particularly involving fractures, serves as a significant factor weighing against the grant of bail in criminal proceedings.

Questions settled in this judgment
  • Does the infliction of a fracture injury disentitle an accused person from the grant of bail?
  • Can a bail petition be dismissed with a direction for an expeditious trial when the challan has already been submitted?
Laws & provisions referred
  • Section 337-F(iv), Pakistan Penal Code 1860
  • Section 337-L(ii), Pakistan Penal Code 1860
  • Section 337-H(ii), Pakistan Penal Code 1860
  • Section 34, Pakistan Penal Code 1860
post-arrest bailhurtfracturecriminal liabilitybail refusalexpeditious trial

ORDER

1. Muhammad Zaman petitioner aged about 55 years was arrested on 2-6-1998 in pursuance of a case registered against him vide F.I.R. No,69 of 1998, dated 20-3-1998 recorded under sections 337- F(iv), 337-L(ii), 337-H(ii) read with section 34 of the Pakistan Penal Code regarding an occurrence which took place on 15-3-1998 in the area of Chak No,354/JB which is about 4 miles from Police Station Saddar, Gojra, District Toba Tek Singh where the F.I.R. Was lodged on 20-3-1998 by Muhammad Nawaz, brother of Muhammad Zaman petitioner and husband of Mst. Najma Bibi, whose right arm was fractured by the blows given to her by Muhammad Zaman petitioner with the butt of his rifle, which disentitled the petitioner from the grant of bail. This petition is, therefore, dismissed with a direction to the trial Court where the challan has already been submitted to conclude the trial expeditiously.

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