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IRFAN vs State S — 2021 PCrLJN 49 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJN 49 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
IRFAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 337-N; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IRFAN VS State S. 497---Penal Code (XLV of 1860), Ss. 337-F(ii), 337-A(iv) & 337-N---Shajjah-i-munaqqilah, mutalahimah---Cases in which qisas for hurt shall not be enforced---Bail, grant of---Further inquiry---Source of light---Scope---Accused along with another was alleged to have beaten the complainant and his brother---Medico-legal report did not show any fracture and the kind of weapon of offence was stated to be blunt---Occurrence had taken place at dark hours but no source of light was mentioned in the FIR---No crime weapon was recovered---Injured persons had not reported the matter when they were produced by the police on the same date and same hours which led to the conclusion that the case of accused was of further inquiry---Besides, S. 337-N(2), P.P.C. provided the punishment in cases of hurt mentioned in Chapter 16 as "Daman", if the accused were not previously convicted and hardened/desperate criminals---High Court observed that keeping the accused behind the bars would not serve any useful purpose for the prosecution and the accused could not be kept behind the bars for indefinite period just for the satisfaction of vanity of the complainant---Petition for grant of bail was allowed, in circumstances.

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