1987 PLP 2939 (MLD)
AMIR ALI — Petitioner Versus THE STATE — Respondent
| Citation | 1987 PLP 2939 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Afrasiab Khan, J |
| Parties | AMIR ALI — 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 2939 (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 2939 (MLD)?
The case was heard and decided by the Lahore bench comprising: Afrasiab Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 2939 (MLD) (AMIR ALI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ehsanullah Khan Lillah for Petitioner.
Headnotes / Summary
S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11--Penal Code (XLV of 1860), S.326/323/34--Bail--F.I.R. was lodged after 40 hours and no explanation was given by prosecution--No active part attributed to accused except that he guarded the house alongwith co-accused--Co-accused under similar circumstances allowed bail--Accused released on bail as well in circumstances. Arshad Khan for the State.
Judgment & Decree
S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11--Penal Code (XLV of 1860), S.326/323/34--Bail--F.I.R. was lodged after 40 hours and no explanation was given by prosecution--No active part attributed to accused except that he guarded the house alongwith co-accused--Co-accused under similar circumstances allowed bail--Accused released on bail as well in circumstances. Ehsanullah Khan Lillah for Petitioner. Arshad Khan for the State. The petitioner Amir Ali has moved this petition for bail after arrest under section 497, Cr.P.C. in a case registered against him under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, read with section 326/323/34, P.P.C. at Police Station Garh, District Faisalabad, vide F.I.R. No.78/87, dated 9-5-1987. 2. Learned counsel for the petitioner argued that the F.I.R. in the case was lodged after 40 hours and no explanation whatsoever has been given by the prosecution. The learned counsel stressed that no active part has been attributed to the petitioner except that he guarded the house alongwith co-accused Zahoor. Learned counsel maintained that under similar circumstances Zahoor co-accused has been allowed bail. Learned counsel urged that this is a case of further inquiry. Learned counsel for the State submitted that although Zahoor co-accused was attributed the same part which part was played by Amir Ali present petitioner, the investigating officer declared Zahoor co-accused as innocent. 3. I have heard learned counsel for the parties. I have also seen the police record. I am of the view that this is a case of further inquiry inasmuch as the co-accused Zahoor has been allowed bail under similar circumstances. Without expressing any opinion on merits pf the case, I admit the petitioner to bail in the sum of Rs.50.000 with two sureties, each in the like amount, to the satisfaction of Assistant Commissioner/ Duty Magistrate Samundari. District Faisalabad M. A . K. /A-202/L Bail granted.