Citation Name: 2024 YLR 1194 LAHORE-HIGH-COURT-LAHOREBookmark this Case RASHID vs State S

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Citation Name: 2024 YLR 1194 LAHORE-HIGH-COURT-LAHOREBookmark this Case RASHID VS State S. 498---Penal Code (XLV of 1860), Ss. 337-D, 337-A(i), 337-F(i), 337-L(2), 354 & 34---Jaifah, shajjah-i-khafifah, ghayr-jaifah-mudihah, causing hurt, assault or criminal force to woman with intent to outrage her modesty, common intention---Pre-arrest bail, confirmation of---Civil dispute---Accused were charged for causing injuries to the complainant party---Injury on the shoulder of an injured did not come within the purview of S. 337-D, P.P.C---Due to the opinion of Medical Officer, which was patently fallacious, co-accused remained incarcerated for about 50-days and was granted post-arrest bail---Medical Officer was generally considered as a witness of truth in the scheme of things upon which the system of criminal administration of justice was structured---An erroneous opinion given by the Medical Officer based either upon his in competency or some sinister design could bring disastrous consequences for the litigant in a criminal case---Medical Officers must realize that by tendering opinion in criminal cases, they contribute in safe administration of justice which gets polluted by incorrect reports---Ordeal and agony which the petitioner as well as co-accused faced in the case due to incorrect opinion of the Medical Officer could not be compensated by words and called for an action against the Medical Officer but still lenient view was being taken against him---Shoulder injury of injured which did not attract S. 337-D, P.P.C, was not even specifically assigned to any accused and besides it found no place in the FIR---Rest of the penal provisions applied in the FIR were bailable as was evident from the Second Schedule of Criminal Procedure Code, 1898---In bailable offences there was no need for the Courts to look for mala fide behind the registration of case in order to extend the concession of pre-arrest bail---In such like cases, pre-arrest bail was to be granted to the accused as a matter of right---Petition was accepted and ad interim pre-arrest bail already granted was confirmed, in circumstances.

Citation Name: 2024 YLR 1194 LAHORE-HIGH-COURT-LAHOREBookmark this Case RASHID vs State S — 2024 YLR 1194 LAHORE-HIGH-COURT-LAHORE

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