PCRLJ 2004

2004 P Cr (PLP)

AZIZ KHAN and another‑‑‑Petitioners Versus THE STATE and another‑‑‑Respondents

Jurisdiction / Court
Peshawar
Decided Date
Criminal Miscellaneous No. 1025 of 2003, decided on 7th November, 2003.
Honorable Judges
Ijaz‑ul‑Hassan Khan, J
Case Reference Summary (AEO Optimized)
Citation 2004 P Cr (PLP)
Forum / Court Peshawar
Bench Members Ijaz‑ul‑Hassan Khan, J
Parties AZIZ KHAN and another‑‑‑Petitioners Versus THE STATE and another‑‑‑Respondents
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2004 P Cr (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2004 P Cr (PLP)?

The case was heard and decided by the Peshawar bench comprising: Ijaz‑ul‑Hassan Khan, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2004 P Cr (PLP) (AZIZ KHAN and another‑‑‑Petitioners Versus THE STATE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Shah Nawaz Khan for Petitioner.
  • Date of hearing: 7th November, 2003.

Headnotes / Summary

(a) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑Ss. 497 & 345(1)‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12‑‑‑Penal Code (XLV of 1860), 5.377/34‑‑ Bail, grant of‑‑‑Settlement between the parties‑‑‑Complainant, brother of the victim, had stated that a compromise had been effected between the parties and they were no more interested to proceed with the matter‑‑ Offences under S.12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and under 5.377, P.P.C. were not compoundable under S.345(1), Cr.P.C.‑‑‑Fact that the parties had themselves voluntarily forgiven the crime and had entered into an outside Court settlement, could be considered as a ground for releasing the accused on bail in the interest of justice and equity‑‑‑Accused were allowed bail accordingly. Muhammad Akram v. The State 1995 MLD 1826; Mst. Musarrat Elahi alias Bibi v. The State 1997 PCr.LJ 1193; Ghulam Ali v. The State 1997 SCMR 1411 and Mukhtar Ahmad and 3 others v. The State 1999 PCr.LJ 1107 ref. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑Ss. 497 & 345(1)‑‑‑Penal Code (XLV of 1860), S.377/34‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12‑‑‑Bail in non‑bailable and non‑compoundable offence due to compromise‑‑‑Fact that the parties have themselves voluntarily forgotten and forgiven a certain crime and have entered into an outside Court settlement, may be considered as a ground for release of the accused person on bail in the interest of justice and equity. Muhammad Akram v. The State 1995 MLD 1826; Mst. Musarrat Elahi alias Bibi v. The State 1997 PCr.LJ 1193; Ghulam Ali v. The State 1997 SCMR 1411 and Mukhtar Ahmad and 3 others v. The State 1999 PCr.LJ 1107 ref. Khalid Tanveer for the State. Complainant in person.

Judgment & Decree

‑‑‑‑Ss. 497 & 345(1)‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12‑‑‑Penal Code (XLV of 1860), 5.377/34‑‑ Bail, grant of‑‑‑Settlement between the parties‑‑‑Complainant, brother of the victim, had stated that a compromise had been effected between the parties and they were no more interested to proceed with the matter‑‑ Offences under S.12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and under 5.377, P.P.C. were not compoundable under S.345(1), Cr.P.C.‑‑‑Fact that the parties had themselves voluntarily forgiven the crime and had entered into an outside Court settlement, could be considered as a ground for releasing the accused on bail in the interest of justice and equity‑‑‑Accused were allowed bail accordingly. Muhammad Akram v. The State 1995 MLD 1826; Mst. Musarrat Elahi alias Bibi v. The State 1997 PCr.LJ 1193; Ghulam Ali v. The State 1997 SCMR 1411 and Mukhtar Ahmad and 3 others v. The State 1999 PCr.LJ 1107 ref. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑Ss. 497 & 345(1)‑‑‑Penal Code (XLV of 1860), S.377/34‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12‑‑‑Bail in non‑bailable and non‑compoundable offence due to compromise‑‑‑Fact that the parties have themselves voluntarily forgotten and forgiven a certain crime and have entered into an outside Court settlement, may be considered as a ground for release of the accused person on bail in the interest of justice and equity. Muhammad Akram v. The State 1995 MLD 1826; Mst. Musarrat Elahi alias Bibi v. The State 1997 PCr.LJ 1193; Ghulam Ali v. The State 1997 SCMR 1411 and Mukhtar Ahmad and 3 others v. The State 1999 PCr.LJ 1107 ref. Shah Nawaz Khan for Petitioner. Khalid Tanveer for the State. Complainant in person. Date of hearing: 7th November, 2003.