2016 PLP 1399 (SCMR)
MUHAMMAD NAUMAN HANIF — Petitioner Versus The STATE and another — Respondents
| Citation | 2016 PLP 1399 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Gulzar Ahmed and Manzoor Ahmad Malik, JJ |
| Parties | MUHAMMAD NAUMAN HANIF — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2016 PLP 1399 (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 2016 PLP 1399 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Gulzar Ahmed and Manzoor Ahmad Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 1399 (SCMR) (MUHAMMAD NAUMAN HANIF — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Riyasat Ali, Advocate Supreme Court for Petitioner.
- Date of hearing: 25th May, 2016.
- Syed Iqbal Hussain Gillani, Advocate Supreme Court and Ms. Tasneem Amin, Advocate-on-Record for the Complainant.
Headnotes / Summary
(Against the order of the Lahore High Court, Lahore dated 10-3-2016 passed in Crl. Misc. No.15009-B of 2015)
S. 497(2)
Penal Code (XLV of 1860), S. 377
According to doctor there was no injury sign around the anus or in the anal canal
Doctor had furnished his final opinion to the effect that DNA report was in the negative
Prima facie, there was delay of eight days in lodging of the FIR
Case of the accused in such circumstances became one of further enquiry falling within the purview of S. 497(2), Cr.P.C.
Accused was behind bars for the last 9-1/2 months
No useful purpose shall be served by keeping accused behind the bars for an indefinite period
Accused was granted bail accordingly. Syed Iqbal Hussain Gillani, Advocate Supreme Court and Ms. Tasneem Amin, Advocate-on-Record for the Complainant. Mazhar Sher Awan, Additional P.-G. for the State.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Petitioner seeks post arrest bail in case FIR No. 1182 dated 10.08.2015, offence under section 377, P.P.C., registered at Police Station South Cantt. Lahore.
2. After hearing the learned counsel for the petitioner, learned counsel for the complainant, learned Law Officer and perusing the available record with their assistance, it has been noted by us that the precise allegation, as per FIR, against the petitioner is that on 10.08.2015 son and nephew of the complainant told him that their teacher (petitioner) called both the boys in his room but they ran away. It has been further alleged by both the boys that petitioner committed sodomy with them eight days prior to the registration of the FIR. We have gone through the MLRs of both the alleged victims/boys and found that, according to doctor, there was no injury sign around anal or in anal canal. During the course of arguments, it has been confirmed by the learned Additional Prosecutor General and also by the learned counsel for the complainant that the doctor has furnished his final opinion to the effect that DNA report is in the negative. Prima facie there is delay of eight days in the lodging of the FIR. In this backdrop, the case of the petitioner becomes one of further enquiry falling within the purview of section 497(2), Code of Criminal Procedure. Petitioner is behind the bars for the last 9-1/2 months. No useful purpose shall be served by putting him behind the bars for an indefinite period.
3. For the foregoing reasons, this petition is converted into appeal and the same is allowed. Consequently, petitioner Muhammad Nauman Hanif is admitted to bail subject to his furnishing bail bond in the sum of Rs.200,000/- (Rupees two hundred thousand only), with one surety in the like amount, to the satisfaction of the learned trial Court. MWA/M-23/SC Bail granted.