Muhammad Waqas vs State S — 2025 MLD 1987 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 1987 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Muhammad Waqas vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 337-N; 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 Waqas VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 324, 337-A(v) & 34---Murderous assault---Bail, grant of---Further inquiry---Allegations against the petitioner were that the son of complainant was hit by his rickshaw, due to which he sustained injuries, and act of hitting was claimed as deliberate---Section 337-A(v), P.P.C., entailed primary punishment as arsh, therefore, petitioner might or might not be awarded optional punishment of imprisonment by the trial Court depending upon the requirement of law as enshrined in S.337-N(2), P.P.C---As no injury was observed by the Medical Officer on the head of injured at first visit, as such an internal injury tracked through sophisticated medical equipment like CT scan hardly supported the theory of smashing the head of injured against a wall at this stage of the proceedings; therefore, whether it was a case of causing intentional injury or a case of hit and run could only be determined after recording of evidence---Thus, the facts clearly made out the case of petitioner that of further inquiry---Petitioner was behind the bars since 24.10.2024, investigation of the case was complete and keeping the petitioner behind the bars would serve no useful purpose to the prosecution and the complainant---Bail petition was allowed, in circumstances.

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