1987 PLP 792 (MLD)
ATTA MUHAMMAD — Petitioner Versus THE STATE — Respondent
| Citation | 1987 PLP 792 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Khizar Hayat, J |
| Parties | ATTA MUHAMMAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 792 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 792 (MLD)?
The case was heard and decided by the Lahore bench comprising: Khizar Hayat, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 792 (MLD) (ATTA MUHAMMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ashtar Ausaf Ali for Petitioner.
Headnotes / Summary
S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11--Bail, grant of--Prosecutrix making no allegation of rape against accused and her medical examination revealing that she was still virgin--Question, whether ingredients of offence of abduction satisfied in case or not, needing further inquiry--Bail granted. Muhammad Rafiq for the State.
Judgment & Decree
S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11--Bail, grant of--Prosecutrix making no allegation of rape against accused and her medical examination revealing that she was still virgin--Question, whether ingredients of offence of abduction satisfied in case or not, needing further inquiry--Bail granted. Ashtar Ausaf Ali for Petitioner. Muhammad Rafiq for the State. This order shall dispose of two bail applications namely, Cr.Misc.No.1666-B-87 filed by Ata Muhammad and the other Criminal Misc. No.1664-B of 1987 filed by Muhammad Waris, as they arise from the same FIR No.276 dated 4-11-1986, under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Khushab. 2. Learned Sessions Judge, Khushab,' declined the bail plea of the aforesaid petitioners, hence this application. 3. FIR in this case has been lodged by Faiz Muhammad, father of Mst. Kausar Parveen, the prosecutrix. According to him Mst. Kausar Parveen had been abducted by the two petitioners. During the investigation, the prosecutrix was found in the company of the two petitioners at bus-stand Khushab on 7-11-1986 by the Police. She was recovered and the petitioners were arrested. The prosecutrix in her statement under section 164 Cr.P.C. recorded by local Magistrate on the next day, stated that the petitioners had taken her alongwith them on the pretext of attending a marriage party at Sargodha. Since the petitioners were known to her personally, therefore, she readily accompanied them. They took her in a car to Wazirabad, where she asked them to take her back who accordingly brought her back and were secured by Khushab Police at the bus stand. She did not make any, allegation of rape against the petitioners. Her medical examination also reveals that she is still virgin. Since no excesses had been made by the petitioners on the prosecutrix, therefore, the question whether the ingredients of offence of abduction have been satisfied in this case or not, needs further inquiry. Consequently, I feel that the petitioners have good case for bail. This petition is thus allowed. Ata Muhammad and Muhammad Waris petitioners shall be released on bail subject to their furnishing bail bonds in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Khushab. M.Y.H./ A-112/L Bail granted.