ALLAH WASAYA vs State S — 2022 PLD 541 SUPREME-COURT

Case information

Citation: 2022 PLD 541 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: ALLAH WASAYA vs State S
Subject matter: Criminal
Provisions referred to: S. 497; 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

ALLAH WASAYA VS State S. 497(1), third & fourth proviso---Penal Code (XLV of 1860), Ss. 336, 334, 367, 354, 342, 148 & 149---Constitution of Pakistan, Art. 185(3)---Cutting of a person's nose--- Bail, refusal of---Delay in conclusion of trial---"Hardened, desperate or dangerous criminal"---In the present case, the nature and manner of the commission of offence and the role attributed to the accused of cutting the nose of his sister-in-law and her alleged paramour were the circumstances which described him as a person who could be harmful and dangerous for the society if released on bail and thus made him to fall within the scope of the expression of "a hardened, desperate or dangerous criminal" as used in the fourth proviso to Section 497(1), Cr.P.C.---Accused was therefore not entitled to the benefit of bail on statutory ground of delay in conclusion of his trial, under the third proviso to Section 497(1), Cr.P.C.---Petition for leave to appeal was dismissed, and accused was refused bail.

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