2000 PLP 2321 (YLR)
GHULAM AKBAR SHAH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2000 PLP 2321 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Zafar Pasha Chaudhry, J |
| Parties | GHULAM AKBAR SHAH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2000 PLP 2321 (YLR)?
This judgment primarily cites: Criminal Procedure Code of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 2321 (YLR)?
The case was heard and decided by the Lahore bench comprising: Zafar Pasha Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 2321 (YLR) (GHULAM AKBAR SHAH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioner.
Headnotes / Summary
‑‑‑‑S. 497‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/16‑‑ Bail, grant of‑‑‑Allegation of Zina‑‑‑Accused had contended that they being sui juris had voluntarily married with each other‑‑ Prosecution alleged that Nikahnama was false‑‑‑Investigation though had been completed, but challan had not been submitted in the Court‑‑‑Question whether accused who were sui juris and had contracted marriage, had committed ant offence, was a question which needed further inquiry‑‑‑Accused were admitted to bail in circumstances. Mehr Muhammad Saleem for the State.
Judgment & Decree
This order will dispose of two bail petitions i.e. Criminal Miscellaneous No.2078‑B of 1999 tiled by Ghulam Akbar Shah as well as Criminal Miscellaneous No.2479‑B of 1999 filed by Mst. Zahida Bibi, as both are required in case F.I.R. No. 145 of 1999, dated .22‑7‑1999, under section 10/ 16 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979).
2. The main ground urged by the learned counsel is that both the petitioners are sui juris and have voluntarily married with each other. It is added" that the alleged abductee Mst. Zahida Bibi herself has been made accused in this case as it was found to be a case of elopement. Learned counsel for State has opposed the bail on the ground that the Nikahnama prepared on 28‑7‑1999 has been found to be false during the investigation. The learned Sessions Judge has assigned detailed reasons in support of the order as according to him in‑between the period of abduction and that of Nikah the petitioners kept on connoting Zina with each other. The question whether the parties who are sui juris and have contracted marriage which is admitted by learned counsel for State, have committed any offence is a question which needs further inquiry. Although investigation has been completed, yet the challan has not been submitted so far.
3. Without expressing any opinion on the merits of the case, considering that the question of guilt or otherwise of the petitioners is open to further inquiry. Both the petitioners are, therefore, admitted to bail subject to their furnishing bail bond in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of the Area Magistrate/trial Court. H.B.T./G‑28/L Bail granted.