2008 PLP 513 (MLD)
MUHAMMAD ZAHID AZHAR — Petitioner Versus SABIR ALI and another — Respondents
| Citation | 2008 PLP 513 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ZAHID AZHAR — Petitioner Versus SABIR ALI and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 513 (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 2008 PLP 513 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 513 (MLD) (MUHAMMAD ZAHID AZHAR — Petitioner Versus SABIR ALI and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S.497(5)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10/11---Bail, cancellation of---Alleged abductee was recovered by the Police from the custody of accused who got her statements recorded under S.161, Cr.P.C. with the Police and under S.164, Cr.P.C. with Magistrate wherein she saddled the accused with her abduction and commission of zina-bil-jabar; while explaining that she had been forced to sign/thumb-mark blank papers---Nikah, Nama, was found to be forged and fabricated as not only the Nikah Kahawan, but an Advocate who was a witness of Nikah denied having signed the Nikah Nama---Record of the Union Council also revealed that Nikah Nama had not been registered---Medico-legal report of abductee also reflected that she had been subjected to zina---Conclusions arrived at by the Trial Court in the impugned order were arbitrary, whimsical and not supported by the record of the case---Impugned order reflected that the Trial Judge had not made any effort to go through the Police record---Post-arrest bail allowed to accused by the Trial Court, was cancelled.
- Malik Muhammad Zarar Iqbal Awan for Petitioner.
- Amir Saeed for Respondent No. 1.
- 2. The brie facts of the case are that the sister of the petitioner-complainant namely Naureen had been abducted by respondent No.1 and the aforesaid F.I.R. was lodged regarding her abduction. Respondent No.1 after his arrest applied for bail of the learned Additional Sessions Judge Lahore which was allowed vide order, dated 16-3-2007 the learned counsel for the petitioner has contended that respondent No.1 had concealed material facts from the learned Court in his application; that the sister of the petitioner had been recovered from the custody of the said respondent who got her statements recorded under section 161, Cr.P.C. Before the Police and under section 164, Cr.P.C. before a learned Magistrate wherein she categorically nominated respondent No.1 as the accused who had abducted her and had committed Zina-bil-jabar with her; that the Nakhanama alleged signed/thumb-marked by the abductee was forged and fabricated which was evident from the fact that it was not duly registered with the Union Council and that the Nikah Khawan as well as the witness of the Nikah namely Maulvi Ameer Ali and Ashfaq Ahmed Sheikh, Advocate, had denied having performed the Nikah or having signed the same which was evident from the affidavits sworn by the said two persons attached with the petition; that even the Medico-legal Report of the abductee reflected that she had been subjected to Zina, that the abductee had been recovered by the Police from the custody of respondent No.1 and that the offence, with which the respondent No.1 had been charged attracted the prohibition contained in subsection (1) of section 497, Cr.P.C. that the overwhelming evidence referred to above was totally ignored by the learned Additional Sessions Judge while extending the concession of post-arrest bail to respondent No. 1.
- 6. The considerations which prevailed with the learned Additional Sessions Judge in extending the concession of bail to. respondent No. 1 viz. that respondent No.1 claimed Nikah with the abductee, that she admitted her signatures on blank papers, the factum of the abductee going with respondent No.1 without any male member of her family and that there being no marks of violence of her body, appear to be contrary to the overwhelming evidence available on the record which squarely connects respondent No.1 with the crime. The abductee was recovered by the Police from the custody of respondent No.1 who got her statements recorded under section 161, Cr.P.C. with the Police and under section 164 with a learned Magistrate wherein she saddled respondent No.1 with her abduction and commission of Zina-bil-Jabar while explaining that she had been forced to sign/thumb mark blank papers. During investigation the Nikahnama was found to be forged and fabricated as not only the Nikah Khawan namely Maulvi Ameer Ali but Ashfaq Ahmad Sheikh, Advocate a witness of the Nikah denied having signed the Nikahnama. The record of the Union Council also reveals that A the Nikah Nama had not been registered. The Medico-legal Report of the abductee also reflects that she had been subjected to Zina. In view of the forgoing, I have no hesitation in holding that the conclusions arrived at by the learned Additional Sessions Judge in the impugned order are arbitrary, whimsical and not supported by the record of the case. The impugned order reflects that the learned Judge has not made any effort to go through the Police record.
Headnotes / Summary
S.497(5)
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10/11
Alleged abductee was recovered by the Police from the custody of accused who got her statements recorded under S.161, Cr.P.C. with the Police and under S.164, Cr.P.C. with Magistrate wherein she saddled the accused with her abduction and commission of zina-bil-jabar; while explaining that she had been forced to sign/thumb-mark blank papers
Nikah, Nama, was found to be forged and fabricated as not only the Nikah Kahawan, but an Advocate who was a witness of Nikah denied having signed the Nikah Nama
Record of the Union Council also revealed that Nikah Nama had not been registered
Medico-legal report of abductee also reflected that she had been subjected to zina
Conclusions arrived at by the Trial Court in the impugned order were arbitrary, whimsical and not supported by the record of the case
Impugned order reflected that the Trial Judge had not made any effort to go through the Police record
Post-arrest bail allowed to accused by the Trial Court, was cancelled.
Judgment & Decree
TARIQ SHAMIM, J.
Through this. petition the petitioner Muhammad Zahid Azhar, who is the complainant of case F.I.R. No.1175 of 2006, dated 23-11-2006 for offence under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station Baghbanpura, Lahore, seeks cancellation of bail after arrest granted to respondent No. 1 on 16-3-2007 by the learned Additional Sessions Judge, Lahore.
2. The brie facts of the case are that the sister of the petitioner-complainant namely Naureen had been abducted by respondent No.1 and the aforesaid F.I.R. was lodged regarding her abduction. Respondent No.1 after his arrest applied for bail of the learned Additional Sessions Judge Lahore which was allowed vide order, dated 16-3-2007 the learned counsel for the petitioner has contended that respondent No.1 had concealed material facts from the learned Court in his application; that the sister of the petitioner had been recovered from the custody of the said respondent who got her statements recorded under section 161, Cr.P.C. Before the Police and under section 164, Cr.P.C. before a learned Magistrate wherein she categorically nominated respondent No.1 as the accused who had abducted her and had committed Zina-bil-jabar with her; that the Nakhanama alleged signed/thumb-marked by the abductee was forged and fabricated which was evident from the fact that it was not duly registered with the Union Council and that the Nikah Khawan as well as the witness of the Nikah namely Maulvi Ameer Ali and Ashfaq Ahmed Sheikh, Advocate, had denied having performed the Nikah or having signed the same which was evident from the affidavits sworn by the said two persons attached with the petition; that even the Medico-legal Report of the abductee reflected that she had been subjected to Zina, that the abductee had been recovered by the Police from the custody of respondent No.1 and that the offence, with which the respondent No.1 had been charged attracted the prohibition contained in subsection (1) of section 497, Cr.P.C. that the overwhelming evidence referred to above was totally ignored by the learned Additional Sessions Judge while extending the concession of post-arrest bail to respondent No. 1.
3. The learned Deputy Prosecutor-General while representing the State has adopted the arguments advanced by the learned counsel for the petitioner and has further stated that the statements of the abductee made after her recovery by the Police from respondent No.1 were of vital importance in which she had fully implicated respondent No.1 with the crime.
4. On the other hand, the learned counsel appearing on behalf of respondent No.1 contended that the order of the learned Additional Sessions Judge, whereby respondent No.1 had been allowed bail, was in accordance with law and the evidence available on the record and, therefore, no illegality had been committed by the learned 'Additional Sessions Judge in granting bail after arrest to respondent No.1.
5. I have heard the learned counsel for the parties and gone through the record.
6. The considerations which prevailed with the learned Additional Sessions Judge in extending the concession of bail to. respondent No. 1 viz. that respondent No.1 claimed Nikah with the abductee, that she admitted her signatures on blank papers, the factum of the abductee going with respondent No.1 without any male member of her family and that there being no marks of violence of her body, appear to be contrary to the overwhelming evidence available on the record which squarely connects respondent No.1 with the crime. The abductee was recovered by the Police from the custody of respondent No.1 who got her statements recorded under section 161, Cr.P.C. with the Police and under section 164 with a learned Magistrate wherein she saddled respondent No.1 with her abduction and commission of Zina-bil-Jabar while explaining that she had been forced to sign/thumb mark blank papers. During investigation the Nikahnama was found to be forged and fabricated as not only the Nikah Khawan namely Maulvi Ameer Ali but Ashfaq Ahmad Sheikh, Advocate a witness of the Nikah denied having signed the Nikahnama. The record of the Union Council also reveals that A the Nikah Nama had not been registered. The Medico-legal Report of the abductee also reflects that she had been subjected to Zina. In view of the forgoing, I have no hesitation in holding that the conclusions arrived at by the learned Additional Sessions Judge in the impugned order are arbitrary, whimsical and not supported by the record of the case. The impugned order reflects that the learned Judge has not made any effort to go through the Police record. For what has been stated above, this petition is allowed and the post-arrest bail allowed to respondent No.1 by the learned Additional Sessions Judge vide the impugned order is recalled. H.B.T./M-611/L Bail cancelled.