722/2013 Cr.Bail Nadeem Ahmed Mahessar S/o Nabi Bux Mahesser Presently Confined in Distt/Centeral Prison-II Sukkur (Applicant) V/S The State (Respondent)

722/2013 Cr.Bail Nadeem Ahmed Mahessar S/o Nabi Bux Mahesser Presently Confined in Distt/Centeral Prison-II Sukkur (Applicant) V/S The State (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 02-JAN-14

A) Pakistan Penal Code (XLV of 1960)---Section---324 & 337F (v & vi)---Plaintiff contention that in the FIR without realizing that medical report clearly indicates that alleged injuries are not on the vital part of body of the injured. Therefore, this is pre-mature to take the case from sections 337F(v) and (vi) PPC to section 324 PPC at bail stage. [P-392]A B) Criminal Procedure Code (V of 1898)---Section 497---Bail grant of--- Principle of Criminal Law---The cordial principle of criminal law that every accused person is presumed to be innocent unless found guilty by a competent court has been violated when the leamed trial court in bail order has made strong observation even before the start of trial---Held; that the trial court's failure to refer to the provisions section 497 Cr.P.C for refusing the bail, the court has violated the universally accepted principle that grant of bail is a rule while refusal is an exception and changed this principle to be read as refusal of bail is a rule and grant of bail is an exception"---Bail granted. [P-392]B