2007 PLP 1805 (YLR)
Mst. RAZIA BIBI — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 1805 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sh. Javaid Sarfraz, J |
| Parties | Mst. RAZIA BIBI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1805 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1805 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sh. Javaid Sarfraz, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1805 (YLR) (Mst. RAZIA BIBI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Chohan for Petitioner.
Headnotes / Summary
S. 497 [as amended by Criminal Law Amendment Ordinance (XXXV of 2006)]
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10
Accused who was a woman, was accused of offence under S.10 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 which, in the light of Criminal Law Amendment Ordinance, 2006, would be treated as bailable relating to accused as the offence against her did not relate to terrorism, financial corruption and murder
Grant of bail, in bailable offences, was a right of accused and not a grace from the court
Accused having made out case for grant of bail, she was admitted to bail. Ijaz Ahmad Bajwa for the State.
Judgment & Decree
SH. JAVAID SARFRAZ, J.--Through this petition, the petitioner, Mst. Razia Bibi, seeks post-arrest bail in case bearing F.I.R. No. 560 of 2006, dated 5-8-2006, under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station, Saddar, Hafizabad, at the instance of complainant Mst. Farzana Bibi daughter of Muhammad Ashraf.
2. Learned counsel for the petitioner submits that the petitioner has falsely been involved in this case and the complainant is her real daughter, that humanly it is not possible for a real mother to force here own daughter to enter into prostitution and sell her and that it is on the mala fide of petitioner's sister that this case has been got registered. Further submits that in the light of the amendment in section 497, Cr.P.C. vide Ordinance No.XXXV of 2006, promulgated on 8th November, 2006, all the offences relating to women except terrorism, financial corruption and murder and such offence punishable with death or imprisonment for life or imprisonment for ten years, shall be treated as bailable offences, therefore, the petitioner is entitled to the grant of bail.
3. Learned State counsel has vehemently opposed this bail petition.
4. The petitioner is an accused of offence under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, which in light of the Ordinance No.XXXV, promulgated on 8th November, shall be treated as bailable relating to the present petitioner as the offence does not relate to terrorism, financial corruption and murder. In bailable offences, grant of bail is a right of the accused' and not a grace from the Court. Under the circumstances, the petitioner has 'made out a case for the grant of bail.
5. For what has been discussed above, while accepting this petition, the petitioner is allowed bail subject to her furnishing bail bonds in the sum of Rs.30,000 with one surety in the line amount to the satisfaction of learned trial Court. H.B.T./R-7/L Bail granted.