HILAL KHATTAK vs State S — 2023 SCMR 1182 SUPREME-COURT

Case information

Citation: 2023 SCMR 1182 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: HILAL KHATTAK vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; 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

HILAL KHATTAK VS State S. 497---Penal Code (XLV of 1860), Ss. 445, 446, 452 & 458---Lurking house-trespass or housebreaking by night after preparation for hurt, assault or wrongful restraint---Bail, refusal of---Facts alleged in the FIR prima facie constituted the offence of house-breaking by night after preparation for causing hurt, punishable under section 458 of the P.P.C., instead of section 452 of the P.P.C.---Accused and his accomplices allegedly committed house-breaking, that is, trespassed into the complainants' house by scaling over the wall of the house, as defined in clause (2) of section 445 and that housebreaking was also committed by night, that is, after sunset and before sunrise, as defined in section 446, P.P.C.---Offence under section 458 of the P.P.C. being punishable with imprisonment upto fourteen years fell within the prohibitory clause of section 497(1) of the Cr.P.C.---Therefore, even, if the actual role of the accused was considered, his case also fell within the prohibitory clause---Petition for leave to appeal was dismissed, leave was refused, and accused was refused bail.

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