| Case ID |
00e019a9-0bbd-42fa-a98d-4642feee69cf |
| Body |
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| Case Number |
Criminal Misc. No. 531-B of 2019 |
| Decision Date |
Feb 07, 2019 |
| Hearing Date |
|
| Decision |
In the case Criminal Misc. No. 531-B of 2019, the Lahore High Court, presided over by Justice Farooq Haider, granted pre-arrest bail to petitioner Tariq Mahmood. The court meticulously analyzed the charges under the Criminal Procedure Code and Pakistan Penal Code, specifically sections 498, 34, 337A(ii), 337-L(2), and 342. It was determined that, except for section 337A(ii), all alleged offenses were bailable. Medical evidence indicated that the injury did not meet the severity required under section 337A(ii), thereby affirming the bailability of the offenses. Consequently, the pre-arrest bail previously granted was confirmed, contingent upon Tariq Mahmood furnishing fresh bail bonds. This decision emphasizes the importance of precise legal definitions and reliable medico-legal evidence in bail determinations. |
| Summary |
On February 7, 2019, the Lahore High Court delivered a pivotal judgment in Criminal Misc. No. 531-B of 2019, presided over by Justice Farooq Haider. The petitioner, Tariq Mahmood, sought pre-arrest bail against charges filed by The State and Others under various sections of the Criminal Procedure Code (V of 1898) and Pakistan Penal Code, 1860, including sections 498, 34, 337A(ii), 337-L(2), and 342. Central to the case was the classification of injuries reported in the FIR No. 156 dated June 1, 2016, registered at Police Station, Philora, District Sialkot. The court scrutinized the medico-legal evidence, revealing that the alleged 'bone deep' injury did not result in a fracture or bone exposure, which are critical for the application of section 337A(ii). As a result, the court concluded that the majority of the charges were bailable offenses. The judgment referenced precedent cases such as Muhammad Qasim and Malik Muhammad Aslam to reinforce the interpretation of legal definitions and the admissibility of medical reports in determining bail eligibility. Additionally, the court addressed procedural concerns, noting that the recovery of 'sota' was no longer pertinent due to the lapse of time and reaffirmed that bail cannot be denied solely based on the potential for absconding in cases involving bailable offenses. The final ruling confirmed the ad-interim pre-arrest bail granted to Tariq Mahmood, subject to the provision of fresh bail bonds amounting to Rs.1,00,000 with a surety of equivalent value. This landmark decision underscores the judiciary's commitment to upholding accurate legal standards and the essential role of credible medico-legal evidence in ensuring just bail proceedings. Keywords: Lahore High Court decision, pre-arrest bail, Pakistan Penal Code, legal definitions, medico-legal evidence, bailable offenses, criminal procedure, justice system, legal precedent, court case 2019. |
| Court |
Lahore High Court
|
| Entities Involved |
Police Station, Philora,
District Sialkot
|
| Judges |
Farooq Haider
|
| Lawyers |
Shahid Mahmood,
Malik Javed Maqbool
|
| Petitioners |
Tariq Mahmood
|
| Respondents |
The State,
Others
|
| Citations |
2019 SLD 1563,
2019 PCRLJ 1039
|
| Other Citations |
Muhammad Qasim and another v. The State and others PLD 2014 Lah. 555,
Malik Muhammad Aslam v. The State and others 2014 SCMR 1349
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
498,
34,
337A(ii),
337-L(2),
342
|