2008 PLP 1430 (MLD)
SHAUKAT — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 1430 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SHAUKAT — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 1430 (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 1430 (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 1430 (MLD) (SHAUKAT — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Faiz ul Hassan for Petitioner.
Headnotes / Summary
S. 497(2)-Penal Code (XLV of 1860), Ss.365-B & 376
Alleged abductee, after recovery, did not level allegation of Zina against accused and refused to get herself medically examined
Alleged abductee who was star witness having-not supported the prosecution, the whole story even if believed, case against accused would fall only under S.365, P.P.C.
Case of accused requiring further inquiry qua his guilt as envisaged under S.497(2), Cr.P.C. he was allowed bail, in circumstances.
Judgment & Decree
MUHAMMAD AHSAN BHOON, J.
Petitioner (Shaukat son of Ameer caste Mirasi) seeks post-arrest bail in case F.I.R. No. 722 of 2007, dated 8-11-2007 offence under sections 365-B and 376, P.P.C. registered with Police Station, Langrana, District, Jhang.
2. Briefly the allegation in the F.I.R. is that on 6-11-2007 when the complainant along with his wife Mst. Samina Bibi was coming back to his house after participation in marriage ceremony, his wife Mst. Samina Bibi was abducted by the accused/petitioner and others forcibly for the purpose of committing Zina-bil-Jabr with her.
3. After hearing the learned counsel for the parties and going through the record, I have found that alleged abductee Mst. Samina Bibi, after recovery did not level allegation of Zina against the petitioner or any of the accused rather she also refused to get herself medically examined. The star witness of the prosecution, who is alleged abductee does not support the prosecution version, at the most if the whole story is believed the case against the petitioner remains only under section 365, P.P.C. So in this view of the matter case of the petitioner requires further inquiry qua his guilt and falls within the ambit of subsection (2) of section 497, Cr.P.C.
4. For what has been discussed above, this petition is allowed and petitioner is granted post-arrest bail subject to his furnishing bail bonds in the sum of Rs.50,000 (Rupees Fifty Thousand only) with one surety each in the like amount to the satisfaction of the learned trial Court. H.B.T./S-30/L Bail granted.