Shaukat vs State.

2010 Y L R 1570

[Peshawar]

Before Mazhar Alam Khan Miankhel, J

SHOKAT---Petitioner

Versus

THE STATE and another---Respondents

Cr. Miscellaneous (BA) No.1717 of 2009, decided on 13th November 2009.

Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860), S. 336/34---Itlaf-i-Salahiyyat-i-udw--Bail, refusal of---Contents of the F.I.R. and medical report present on the file had reflected that it was a heinous offence of Itlaf-i-Salahiyyat-i-Udw---Section 336, P.P.C. for which accused along with his wife had been charged and on the face, it appeared that accused was charged for an offence, punishment provided for which, came under the prohibitory clause of S.497, Cr.P.C., disentitling him to the concession of bail---Challan in the case was complete which had to be submitted before the Trial Court---Prosecution was directed to submit the challan before the Trial Court and Trial Court was directed to decide the matter earlier--- Bail petition was dismissed, in circumstances.

Noroz Khan for petitioner.

Riaz Afridi for the State.

Date of hearing: 13th November, 2009.

JUDGMENT

MAZHAR ALAM KHAN MIANKHEL, J.---Learned counsel appearing for the petitioner and Mr. Riaz Afridi, Advocate learned State counsel were heard whereas the complainant present in the Court requested that because of financial constraints she is unable to engage a counsel and reposed confidence upon the submissions to be made by the State counsel.

2.The accused/petitioner along with his wife Mst. Safia Begum were booked in a case registered under section 336 read with section 34, P.P.C. vide F.I.R. No.772 dated 31-8-2009 Police Station, Nowshera Cantt: on the report of one Mst. Mehrunnisa wife of Shakeel Murad who happens to be the sister-in-law (wife of brother of accused) of accused, was injured by the accused/petitioner by cutting her left ear with a knife while his wife Mst. Safia caught hold of her at the time of occurrence. The matter was reported within half an hour to the police and she was then medically examined by a doctor first in DHQ Hospital Nowshera wherefrom she was referred to Lady Reading Hospital Peshawar.

3.The contents of the F.I.R. and the medical report present on file reflect that it is a heinous offence of Itlaf-e-Salahiat Uzu, section 336, P.P.C. for which the accused/ petitioner along with his wife have been charged and on the face of it, appears that the accused is charged for an offence punishment provided for which comes in the prohibitory clause of section 497, Cr.P.C, disentitling him to the concession of bail.

4.As the final report (challan) is complete which has to be submitted before the trial Court. The prosecution is directed to submit the challan before the trial Court within a shortest possible time but not later than one week and the learned trial Court is further directed to decide the matter at the earliest within a period of three months, hence, with the observations made above, this bail petition is hereby dismissed. However, if the trial of the case is not concluded within the stipulated time, the accused/petitioner would be at liberty to file a fresh application for bail.

H.B.T./91/P Bail refused.