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MUHAMMAD AZEEM vs State S — 2022 MLD 744 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 MLD 744 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
MLD
Parties
MUHAMMAD AZEEM vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 161; S. 289; 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

MUHAMMAD AZEEM VS State S. 498---Penal Code (XLV of 1860), Ss. 337-F(i), 337-F(iii), 34 & 289---Damiyah, mutalahimah, negligent conduct with respect to animal and common intention---Pre-arrest bail, refusal of---Medical and ocular evidence---Previous enmity---Scope---Accused sought pre-arrest bail in an FIR lodged under Ss. 337-F(i), 337-F(iii) and 34, P.P.C.---Specific allegation was levelled against the accused that he sicced his dog on the complainant which nipped his right leg near the ankle---Prosecution witnesses had got recorded their statements under S. 161, Cr.P.C., in support of the prosecution case and, according to them, incident was not an accident---Medical evidence had corroborated the ocular account and the doctor had declared the injuries sustained by the complainant as ghyr jaifah damiyhah and ghyr jaifah mutalahimah which attracted Ss. 337-F(i) and 337-F(iii) of P.P.C. respectively---Offence under the last mentioned provision was non-bailable---Tentative assessment of the available evidence and consideration of the facts revealed that there was also previous rivalry between accused and the complainant, as such, S.289, P.P.C., did not apply---Negligence which was the foundational element for that provision was missing---Application for grant of pre-arrest bail was dismissed, in circumstances.

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