2004 P Cr (PLP)
MUHAMMAD YOUSAF and another — Petitioners Versus THE STATE — Respondent
| Citation | 2004 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD YOUSAF and another — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2004 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 P Cr (PLP)?
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: 2004 P Cr (PLP) (MUHAMMAD YOUSAF and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Zafar Iqbal Chohan for Petitioner (in Criminal Miscellaneous No.3556/B of 2003).
- Mian Arshad Ali Mahar for Petitioner (in Criminal Miscellaneous No.3638/B of 2003).
Headnotes / Summary
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10(2)/13/14
Raid in question had been conducted by Local Police on the pretext of apprehending a proclaimed offender
Raiding party had failed to apprehend said proclaimed offender, but it had found the accused indulging in Zina with different ladies
Such a practice on part of police was deprecated by the High Court
Female accused allegedly involved in the case were never got medically examined and no vaginal swabs of said ladies had ever been sent to office of Chemical Examiner for detection of semen so as to establish commission of Zina by them
Investigation of case had already been completed and a challan had been submitted-- Physical custody of accused, in circumstances was no more required for purpose of investigation
Judgment & Decree
Muhammad Naeem and another v. The State 1999 PCr.LJ 463 ref. Zafar Iqbal Chohan for Petitioner (in Criminal Miscellaneous No.3556/B of 2003). Mian Arshad Ali Mahar for Petitioner (in Criminal Miscellaneous No.3638/B of 2003). Sand-ul-Hassan for the State. Date of hearing: 14th July, 2003. Through this consolidated order I propose to decide Criminal Miscellaneous No. 3556/B of 2003 filed by Muhammad Yousaf petitioner and Criminal Miscellaneous No.3638B of 2003 filed by Muhammad Hasan petitioner for their post-arrest bail in the same criminal case, i.e. case F.I.R. No.171 registered at Police Station "B" Division, Okara on 20-5-2003 for offences under sections 10(2)/ 13/14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 together.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the raid in question had been conducted by the local police on the pretext of apprehending a proclaimed offender namely Mujahid alias Mathan but admittedly the A raiding party had failed to apprehend the said proclaimed offender but statedly it had- found the petitioners indulging in Zina with different ladies. deprecated by this Court in the case of Muhammad Naeem and another v. The State 1999 PCr.LJ
463. It is not disputed that the female accused persons involved in this case were never got medically examined and no I vaginal swabs of the said ladies had ever been sent to the office of the Chemical Examiner for detection of semen so as to establish commission of Zina by them. The investigation of this case has already been completed and a challan has already been submitted and, thus, physics; custody of the petitioners is no longer required at this stage for the purposes of investigation.
3. For what has been discussed above both the above-mentioned petitions are allowed and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court. H.B.T./M-125/L Bail granted.