Nasrullah alias Nasru vs State S — 2025 PCrLJ 1839 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PCrLJ 1839 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PCRLJ
Parties: Nasrullah alias Nasru vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 337; S. 324; 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

Nasrullah alias Nasru VS State S.497---Penal Code (XLV of 1860), Ss. 324, 337F(ii) & 34---Bail, refused of---Medical jurisprudence---Firearm injury on leg(s) above/below knee---Offence---Scope---Whether attempt to commit qatl-i-amd or "jurh-ghayr-jaifah-mutalahimah"---Scope---Entitlement to bail---Scope---Contention of the petitioner / accused was that injuries had been declared as "jurh-ghayr-jaifah-mutalahimah" attracting offence under S.337 F(iii), P.P.C. and S.324 P.P.C was not applicable in the case as fire shots hit on legs---Validity---If injury had been caused below knee, then applicability of S.324 P.P.C required further probe/inquiry within the purview of subsection (2) of S.497 Cr.P.C., however, if injury had been caused above knee on the leg at thigh, then situation was otherwise, because femoral artery, which was major blood vessel, was located in thigh starting from groin coming to the back of knee and it supplied oxygen-rich blood to the lower parts of the body; so, femoral artery if damaged could cause lower limb ischemia leading to amputation of limb, compartment syndrome as well as death due to severe blood loss from a major artery in the leg---Therefore, if firearm injury had been caused above knee at thigh of leg, then S.324 P.P.C was prima facie applicable/attracted in the case, hence, contention of the petitioner / accused did not hold water---Punishment of offence under S.324 P.P.C fell within the ambit of prohibitory clause of S.497 Cr.P.C---Bail was refused, in circumstances.

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