1987 PLP 780 (SCMR)
Mst. SHAMMO MAI‑‑Appellant Versus THE STATE‑‑Respondent
| Citation | 1987 PLP 780 (SCMR) |
| Forum / Court | ‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 16 & 9(1)‑‑Constitution of Pakistan (1973), Art. 185(3)‑ Bail‑‑Co‑accused absconding‑‑Effect‑‑Petitioner's application for grant of bail opposed on ground that subsequently absconding accused would appear and seek bail on basis of bail granted to petitioner‑‑Plea not tenable‑‑Court to which such bail application was made was to decide matter on merits after taking into consideration facts of his abscondence‑‑Petition converted into appeal and bail granted.‑ Abscondence . |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | Mst. SHAMMO MAI‑‑Appellant Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 780 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 780 (SCMR)?
The case was heard and decided by the ‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 16 & 9(1)‑‑Constitution of Pakistan (1973), Art. 185(3)‑ Bail‑‑Co‑accused absconding‑‑Effect‑‑Petitioner's application for grant of bail opposed on ground that subsequently absconding accused would appear and seek bail on basis of bail granted to petitioner‑‑Plea not tenable‑‑Court to which such bail application was made was to decide matter on merits after taking into consideration facts of his abscondence‑‑Petition converted into appeal and bail granted.‑ Abscondence . bench comprising: Aslam Riaz Hussain and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 780 (SCMR) (Mst. SHAMMO MAI‑‑Appellant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Asif Saeed Khan Khosa, Advocate Supreme Court with Sh. Salahuddin, Advocate‑on‑Record for Petitioner.
- Date of hearing: 8th December. 1986
- Izharul Haq, Advocate Supreme Court for the State.
Headnotes / Summary
(Against the judgment/order dated 26‑10‑1986, of the Lahore High Court, Multan Bench, Multan, passed in Crl. Misc. No.856/B of 1986). ‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 16 & 9(1)‑‑Constitution of Pakistan (1973), Art. 185(3)‑ Bail‑‑Co‑accused absconding‑‑Effect‑‑Petitioner's application for grant of bail opposed on ground that subsequently absconding accused would appear and seek bail on basis of bail granted to petitioner‑‑Plea not tenable‑‑Court to which such bail application was made was to decide matter on merits after taking into consideration facts of his abscondence‑‑Petition converted into appeal and bail granted.‑ [ Abscondence] . Izharul Haq, Advocate Supreme Court for the State.
Judgment & Decree
Asif Saeed Khan Khosa, Advocate Supreme Court with Sh. Salahuddin, Advocate‑on‑Record for Petitioner. Izharul Haq, Advocate Supreme Court for the State. Date of hearing: 8th December. 1986 ASLAM RIAZ HUSSAIN, J ‑‑The prosecution case, in short, is that Mst. Shammo Mai petitioner eloped with her first cousin, Shana. Both of them have been accused of an offence under sections 16 and 9(1) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Shana co‑accused has absconded while the petitioner has been arrested for the afore‑mentioned offences. Her bail application was rejected by the High Court vide the impugned order. She has therefore, filed the present petition for leave to appeal.
2. We issued notice to the State for today. The learned State counsel opposed the grant of bail to Mst. Shammo on the ground that this application is merely a device to get bail for Shana and that after she is released on bail Shana co‑accused, who is absconding at present shall surface and seek bail on the basis of the bail granted to her.
3. We are not impressed with this plea. The Court to which Shana co‑accused applies for bail will surely decide the matter on merits after taking into consideration the fact, of his abscondance.
4. Considering the facts of the present case we are of the view that it is a fit case for grant of bail to Mst. Shammo Mai. We, therefore, convert the petition into an appeal, allow the same and order her release on bail on her furnishing bail bond in the sum of Rs.5,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Multan. M.I. /S‑10/S Order accordingly.