1989 PLP 1067 (SCMR)
LIAQAT‑‑Petitioner Versus THE STATE‑‑Respondent.
| Citation | 1989 PLP 1067 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | LIAQAT‑‑Petitioner Versus THE STATE‑‑Respondent. |
| Primary Law | Criminal Procedure Code (V of 1898)‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1067 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1067 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1067 (SCMR) (LIAQAT‑‑Petitioner Versus THE STATE‑‑Respondent.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Rab Nawaz Noon, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
- Mian Muhammad Ajmal, Addl. A.‑G., N.‑W.F.P. for Respondent.
- Date of hearing: 15th February, 1989.
- Notice was issued to the Advocate‑General, N.‑W.F.P. and he, as also the learned counsel for the petitioner, have been heard.
Headnotes / Summary
(On appeal from the judgment dated I1‑1‑1989 of the Peshawar High Court, Peshawar in Cr. Misc. No.589 of 1988). ‑‑‑‑5.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10‑‑Bail‑‑Allegation that accused attempted to commit Zina was not very convincing‑‑Bail was granted by Magistrate and maintained by the District and Sessions Judge‑‑High Court, by cancelling bail had not exercised its discretion properly or reasonably‑‑Bail allowed by Supreme Court.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑The petitioner was allowed bail by a First Class Magistrate at Swat. The State moved for cancellation of the said order but this prayer was rejected by the District and Sessions Judge, Swat. The State then moved the High Court at Peshawar for cancellation of bail which prayer was granted and the bail allowed to the petitioner was cancelled and he was ordered to be delivered to the custody of the police. This petition for. leave to appeal is directed against the aforementioned order of the High Court. Notice was issued to the Advocate‑General, N.‑W.F.P. and he, as also the learned counsel for the petitioner, have been heard. The allegation against the petitioner is that he attempted to commit zina on Mst. Gohar Jan but this allegation prima facie was not very convincing and for this reason the learned Magistrate allowed him bail and this concession was maintained by the learned District and Sessions Judge. The High Court, while setting aside these orders, does not, in our view, appear to have exercised its discretion properly or reasonably. Its order, therefore, requires interference. This petition is, accordingly, converted into an appeal and allowed. The appellant shall be released on bail on furnishing bail bonds in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the trial Court. M.B.A./L‑21/S Bail granted.