1989 P Cr (PLP)
MUHAMMAD SALEEM‑‑Applicant Versus THE STATE‑‑Respondent
| Citation | 1989 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Allahdino G. Memon, J |
| Parties | MUHAMMAD SALEEM‑‑Applicant Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) ‑‑ |
Q1: What are the key laws and sections cited in 1989 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) ‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Allahdino G. Memon, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 P Cr (PLP) (MUHAMMAD SALEEM‑‑Applicant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑S. 497‑‑Offence of Mina'` (Enforcement of Hudood) Ordinance (VII of 1979), S. 11‑‑Bail, grant of‑‑First information report belated by 13 days‑‑Alleged victim of rape swearing an affidavit before Magistrate showing that she wanted to marry accused with her own free will‑‑Victim appeared before High Court and stated that she had given said affidavit and produced Nikahnama which also showed that she was married with accused‑‑Accused admitted to bail in circumstances. Sardar Mohammad Ishaq for Applicant. S. Sarfraz Ahmed, A.A.‑G. for the State.
Judgment & Decree
Sardar Mohammad Ishaq for Applicant. S. Sarfraz Ahmed, A.A.‑G. for the State. Miscellaneous Application No. 450 of 1988. Exemption allowed.
2. The applicant is facing trial under section 11 of Zina (Enforcement of Hudood) Ordinance, 1979 before the learned IIIrd Additional Sessions Judge, Karachi (South). It has been contended by Mr. Sardar Mohammad Ishaq that Mst. Shahnaz the alleged victim is major, and she was even otherwise related to the applicant. That Mst. Shahnaz had herself left the house of her parents, gone to the Court, and sworn an affidavit stating that she wants to marry with her own free will. Mr. S. Sarfraz Ahmed learned A.A.‑G. appearing for the State has no objection to the grant of bail to the applicant in view of the above circumstances. I have considered the contentions of the learned counsel, and have gone through the documents produced alongwith the bail application. Admittedly Mst. Shahnaz has sworn an affidavit before the Assistant Commissioner and Additional City Magistrate Court No. VIII Karachi East showing that she wants to marry with her own free will. Mst. Shahnaz is present in Court and she states that she had given this affidavit before the Court. The Nikahnama also shows that she was married with the applicant. The F.I.R. is belated by 13 days. In view of the above circumstances I direct that the applicant shall be released on bail on furnishing surety in the sum of Rs. 30,000 and P.R. bond in the like amount to the satisfaction of the trial Court. M.Y.H/M‑429/K Bail granted.