| Case ID |
421cc61d-c270-44ce-8db6-ff170b8acc55 |
| Body |
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| Case Number |
Criminal Revision No. 416 of 1557 |
| Decision Date |
May 15, 1958 |
| Hearing Date |
|
| Decision |
The Lahore High Court reviewed the case concerning the forfeiture of bonds posted by petitioners Farman Khan and Ghulam Haider, who were bound under Section 107 of the Criminal Procedure Code to maintain peace. The court found that the actions of the petitioners did constitute a breach of peace, affirming the earlier convictions for causing grievous hurt. While the court upheld the convictions, it reduced the penalty imposed on the petitioners, recognizing the mitigating circumstances of their initial aggression and the context of self-defense. The final ruling mandated a reduced penalty of Rs. 100 each for the petitioners, while dismissing the revision petition overall, reinforcing the importance of maintaining public order and individual peace. |
| Summary |
In the case of Farman Khan and others vs. The State, the Lahore High Court dealt with issues surrounding the breach of peace as defined under Section 107 of the Criminal Procedure Code. The core of the case revolved around the petitioners being bound to keep the peace after earlier violent confrontations. The court emphasized that both public peace and individual peace are critical concerns of the state, and the breach of peace encompasses violations that occur even in private settings. The court's analysis distinguished between 'breach of peace' and 'disturbance of public tranquillity', asserting the significance of both in legal contexts. Ultimately, the court reduced the penalties for the petitioners, acknowledging their rights to self-defense while upholding the necessity of legal accountability for actions that disturb peace. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
A. R. CHANGEZ, J
|
| Lawyers |
Sh. Muhammad Shafi,
Mushtaq Ahmad, A.A.G.
|
| Petitioners |
FARMAN KHAN,
Ghulam Haider
|
| Respondents |
THE STATE
|
| Citations |
1958 SLD 100,
1958 PLD 682
|
| Other Citations |
Naziruddin and others v. Emperor A I R 1933 All. 609,
Hayat Khan v. Emperor A I R 1932 Lah. 435,
In re Ganti Veera Reddi and others A I R 1938 Mad. 615
|
| Laws Involved |
Criminal Procedure Code
|
| Sections |
107
|