2007 PLP 1398 (YLR)
ZAKIR HUSSAIN — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 1398 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Hasnat Ahmad Khan, J |
| Parties | ZAKIR HUSSAIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1398 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1398 (YLR)?
The case was heard and decided by the Lahore bench comprising: Hasnat Ahmad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1398 (YLR) (ZAKIR HUSSAIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Miss Humaira Khand for Petitioner.
Headnotes / Summary
S. 497(2)
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 18
Further inquiry--Parties had entered into compromise
Offence allegedly committed by accused though was not compoundable, but filing of affidavit by complainant would mean that she was no more interested to prosecute accused
Little chance of conviction of accused existed
Case against accused having become that of further inquiry, he was admitted to bail, in circumstances. PLD 2004 SC 477 and PLD 2005 Kar. 255 rel. Muhammad Sarwar Awan for the Complainant. Ishaq Masih Naz, D.P.G.
Judgment & Decree
HASNAT AHMAD KHAN, J.
Petitioner seeks post-arrest bail in case F.I.R. No.254 of 2005 dated 7-7-2005 under section 18/10/79 (Enforcement of Hadood) Zina Ordinance, 1979 registered with Police Station, Gago, District Vehari.
2. Precise allegation against the petitioner is that he had committed attempt to commit "Zina bil-Jabar" with Mst. Sajida Parveen daughter of the complainant.
3. In support of this petition the learned counsel for the petitioner has submitted that there is delay of three days in lodging the F.I.R.; that there is contradiction in the ocular version and the medico-legal-report. She adds that the petitioners is behind the bars since 15-9-2005 and trial has not yet been concluded, which is violation of his basic right. In this regard she has placed reliance upon PLD 2004 Supreme Court 477 and PLD 2005 Karachi
255. In addition to said arguments she has further submitted that parties have entered into a compromise. Said assertion has been supported by Anwar Bibi, the complainant who has entered appearance and has filed affidavit in which it has been stated that she would be having no objection against grant of the post? arrest-bail to the petitioner. The complainant has been identified by his counsel namely Mr. Muhammad Sarwar Awan.
4. In view of said development, the learned Deputy Prosecutor General has opted not to oppose this petition.
5. After hearing the arguments of both the parties, I have come to the conclusion that the parties have entered into a compromise; that the offence allegedly committed by the petitioner, though is not compoundable yet filing of the affidavit by the complainant means that she is no more interested to prosecute the petitioner. As such ultimately there is little chance of the conviction of the petitioner. Keeping this fact and other assertions made by the learned counsel for the petitioner in view, the case of the petitioner has become as that of further inquiry. Consequently this petition is accepted and the petitioner is admitted to post-arrest bail subject to furnishing his bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction ' of the learned trial Court. H.B.T./Z-10/L????????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.