Since there is no compelling reason to deviate from the
afore-mentioned well-embedded principle of law, hence I am
swayed to interpret 322 PPC as not attracting the prohibition
contained in section 497 (1) Cr.P.C. The view so formed is in
consonance with the case reported as Muhammad Nadeem v.
State [PLJ 1998 Cr.C. (Lahore) 790] wherein while deciding
the fate of a post-arrest bail emerging from FIR registered under
sections 320 & 322 PPC it was observed as under:-
“If there are two interpretations possible, I am
persuaded to accept that interpretation which is
more lenient and favours the accused person.”
Used in Judgment of
LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT
Crl. Misc-Post-arrest Bail
462-B-20
| 2020 LHC 895 |
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