Citation Name: 2023 PCrLJ 1401 PESHAWAR-HIGH-COURTBookmark this Case ZEESHAN HAFEEZ vs State S — 2023 PCrLJ 1401 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PCrLJ 1401 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 1401 PESHAWAR-HIGH-COURTBookmark this Case ZEESHAN HAFEEZ vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 322; S. 382-B; S. 497---B; 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

Citation Name: 2023 PCrLJ 1401 PESHAWAR-HIGH-COURTBookmark this Case ZEESHAN HAFEEZ VS State S. 497---Penal Code (XLV of 1860), Ss. 279 & 322---Rash driving or riding on a public way, qatl-bis-sabab---Bail, grant of---Accused, who was charged under Ss. 279 & 322 of the P.P.C., applied for bail after being arrested---Section 279 of the P.P.C. is bailable---Punishment for qatl-bis-sabab was limited to 'diyat' only---If an accused charged under S. 322 of the P.P.C. is convicted, he can only be detained if he defaults on the payment of the diyat amount--- Provision of S. 382-B, Cr.P.C., does not apply in such cases---Therefore, incarcerating the accused as an under-trial prisoner is not justified since it would not serve any useful purpose---Furthermore, even if the accused is convicted, such a period cannot be compensated in any manner---Accused was granted post-arrest bail. Citation Name: 2023 PCrLJ 1401 PESHAWAR-HIGH-COURTBookmark this Case ZEESHAN HAFEEZ VS State S. 497---Bail---Scope---If an offense does not carry the punishment of imprisonment, the accused has the right to bail---Denying bail to such an accused would constitute a case of double jeopardy because he would effectively be serving time as an under-trial prisoner.

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