1989 PLP 4376 (MLD)
MUHAMMAD BAKHSH‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 4376 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | MUHAMMAD BAKHSH‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 4376 (MLD)?
This judgment primarily cites: Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 4376 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4376 (MLD) (MUHAMMAD BAKHSH‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Sharif for Petitioner
Headnotes / Summary
‑‑‑S.10 & 11‑‑Criminal Procedure Code (V of 1898), Ss.497 & 561‑A‑‑Inheren; jurisdiction‑‑Accused lady was ordered to be released on bail‑‑Lady a surjuris refused to be released on surety furnished by her father‑‑Surety by filing a surety bond, held, would not become entitled to custody of lady and she could not be forced to live with her father‑‑Any condition imposed on bail order would render it as ineffective and nullity‑‑Petition under S.561‑A, Cr.P.C. thus was dismissed.
Judgment & Decree
In a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 the learned Sessions Judge, Sahiwal, vide his order dated 13‑2‑1989 has allowed bail to Mst. Elahi Sain in the sum of Rs.20,000 with one surety in the like amount. Muhammad Bakhsh, father of the accused presented surety bonds but Mst. Elahi Sain refused to be released on the surety furnished by her father. Through this application under section 561‑A Cr.P.C. Muhammad Bakhsh petitioner wants this Court.:‑ Firstly, to pass order that Mst. Elahi Sain shall only be released on the bail‑bonds of her father, and Secondly, that after her release, her custody be delivered to him.
2. Learned counsel for the petitioner submits that in case Mst. Elahi Sam is released on the bail bonds furnished by a person other than her father, the apprehension is that she will indulge in Zina. I have considered the submissions made by the learned counsel with care. I do not agree with him. Mst. Elahi Sain is a sui‑juris. She cannot be forced to live with her father. By filing surety bonds, the surety does not become entitled to the custody of the accused. In case the accused person is physically delivered to a surety, this would tantamount to depriving him/her of his liberty on the pretext of surety bonds. Mst. Elahi Sain has refused to come out from jail on the surety of her father. If the condition prayed for by the learned counsel is imposed in the instant case, this will render bail order of the learned Sessions Judge as ineffective and nullity. Pursuant to the above discussion, the petition is dismissed in limine. S.A./M‑1585/L Petition dismissed.