1988 PLP 593 (MLD)
HAJI MUHAMMAD‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1988 PLP 593 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Khizar Hayat, J |
| Parties | HAJI MUHAMMAD‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP 593 (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 1988 PLP 593 (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: 1988 PLP 593 (MLD) (HAJI MUHAMMAD‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Masood Mirza for Petitioner.
Headnotes / Summary
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 452‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11‑‑Bail‑‑Accused in jail for more than nine months and trial not concluded as yet‑‑Contention that there was no allegation of Zina made against accused and only allegation against him was that he was seen sleeping with mother of complainant and therefore offence under S. 10/11 of Ordinance VII of 1979 was not made out‑‑Bail granted. Abdul Sattar Tahir for the State.
Judgment & Decree
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 452‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11‑‑Bail‑‑Accused in jail for more than nine months and trial not concluded as yet‑‑Contention that there was no allegation of Zina made against accused and only allegation against him was that he was seen sleeping with mother of complainant and therefore offence under S. 10/11 of Ordinance VII of 1979 was not made out‑‑Bail granted. Masood Mirza for Petitioner. Abdul Sattar Tahir for the State. Haji Muhammad, petitioner herein, stands arrested in a case registered against him under section 10/11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, read with section 452, P.P.C. at Police Station Bhakker. Abdul Majeed lodged a report that on the night between 15/16‑6‑1987 he alongwith his mother Tajo Mai and other family members was sleeping in his house. At 4 a.m., his brother Ahmad Saeed awakened him and informed that somebody was sleeping in the house with their mother. They identified him as Haji Muhammad, petitioner and then caught hold of him on the spot with the help of other Mohalladars and produced him at the police station. After investigation the petitioner is challaned to Court. He is in jail since then. Petitioner's bail plea was declined by the lower Court, hence this application.
2. I have heard learned counsel for the petitioner as well as for the State and also perused the record.
3. It is contended that the petitioner is in jail for more than nine months and the trial has not concluded as yet. It is further stated that there is no allegation that the petitioner was seen committing Zina with Tajo Mai, rather the allegation is that the petitioner was seen sleeping with her on the same cot, therefore, offence under section 10/11 of the Ordinance is not made out. There is force in the argument. However, without commenting on merits of the case, the circumstances narrated above, I feel inclined to allow this petition. The petitioner is directed to be released subject to leis furnishing bail bonds in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Bhakkar. M.Y.H./H‑57/L Bail granted.