2003 PLP 2402 (YLR)
INTIZAR AHMED — Petitioner Versus THE STATE — Respondent
| Citation | 2003 PLP 2402 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Rustam Ali Malik, J |
| Parties | INTIZAR AHMED — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1894) |
Q1: What are the key laws and sections cited in 2003 PLP 2402 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1894) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 2402 (YLR)?
The case was heard and decided by the Lahore bench comprising: Rustam Ali Malik, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 2402 (YLR) (INTIZAR AHMED — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saif-ul-Haq Ziay for Petitioner.
Headnotes / Summary
S. 497(2)--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10/11
Further inquiry-- F.I.R. showed that accused though was named as one of the persons who had allegedly abducted the victim, but in statement made under S.164, Cr.P.C., victim had not levelled allegations of abduction or of commission of Zina-bil-Jabr against the accused and had merely stated that accused was also present at Dera of the co-accused-- Statement of alleged victim under S.164, Cr. P. C. being in conflict with contents of F.I. R. to the extent of the accused, case was clearly that of further inquiry into guilt of the accused
Accused, in circumstances, was entitled to grant of bail. M. Ramzan Wattoo for the State
Judgment & Decree
Saif-ul-Haq Ziay for Petitioner. M. Ramzan Wattoo for the State Intizar Ahmad, the petitioner seeks bail in case F.I.R. No.214 of 2002 registered on 8-8-2002 in Police Station Malakwal, District Mandi Bahaud Din under sections 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The F.I.R. was lodged by one Muhammad Sharif regarding abduction of his daughter namely Mst. Lubna aged 15 years.
3. Arguments have been heard and record perused.
4. In the F. I. R. Intizar Ahmed petitioner is named as one of the persons who had abducted Mst. Lubna. However, in her statement under section 164, Cr.P.C, which was recorded by the learned Judicial Magistrate Section 30, Mandi Bahaud Din on 20-4-2002, she had stated that it was Azhar Iqbal accused who had called her from her house and then had taken her to the Dera of Zafar Iqbal where the accused including Intizar petitioner were present and there at the Dera of War Iqbal, Azhar Iqbal, Zafar Iqbal, Baloch, Ghulam Hussain and Muhammad Aslam had committed Zina-bil -Jabr with her. As such she did not level allegation of abduction or of commission of Zina-bil-Jabr against the present petitioner namely Intizar Ahmad and merely stated that he was also present at the Dera of Zafar Iqbal co-accused.
5. Since the statement of Mst. Lubna, the alleged victim, under section 164, Cr.P.C. is in conflict with the contents of the F.I.R., therefore, to the extent of the present petitioner i.e. Intizar Ahmed it is clearly a, case of further enquiry into the guilt of the petitioner and he is thus entitled to the concession of bail. Accordingly, the bail application is accepted and the petitioner namely Intizar Ahmad is admitted to bail in the sum of Rs.50,000 (fifty thousand) with one surety in the like amount to the satisfaction of the learned Additional Sessions Judge, Mandi Bahaud Din. H.B.T./I-178/L Bail granted.