2005 PLP 1077 (MLD)
MUHAMMAD SALEEM‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2005 PLP 1077 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Bashir A. Mujahid, J |
| Parties | MUHAMMAD SALEEM‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 PLP 1077 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1077 (MLD)?
The case was heard and decided by the Lahore bench comprising: Bashir A. Mujahid, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1077 (MLD) (MUHAMMAD SALEEM‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz Rana Pervaiz Iqbal for Petitioner.
Headnotes / Summary
‑‑‑‑S. 497‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 18‑‑‑Penal Code (XLV of 1860), S. 354‑‑‑Bail, grant‑‑of‑‑‑Whether accused had committed an offence under S.18 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 or under S.354, P.P.C. was to be looked into by Trial Court after recording of evidence‑‑‑Accused had no previous criminal record ‑‑‑Challan of case had already been submitted and accused was no more required for the purpose of investigation‑‑‑No useful purpose could be served by keeping accused behind the bars for indefinite period‑‑‑Accused was admitted to bail, in circumstances. Iqbal Khursheed Mughal for the State.
Judgment & Decree
Muhammad Saleem petitioner seeks after arrest bail in case F.I.R. No.71 of 2004, registered under sections 10 and 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 with Police Station Ahmad Yar, District Pakpattan Sharif at the instance of one Falak Sher with the allegation that his daughter Mst. Azra who was married to one Galab Ali and was residing with the complainant was going to see her elder sister when she reached near the fields of Ahmad Yar, the present petitioner caught hold of her and attempted to commit Zina‑Bil‑Jabr. She raised hue and cry which attracted the owner of the land Ahmad Yar and Barkat Ali. The petitioner was arrested on 12‑4‑2004 and was declined after arrest bail by the learned Additional Sessions Judge, Arifwala vide order dated 19‑5‑2004.
2. Learned counsel for the petitioner as well as that of State have been heard exhaustively. Record has been examined.
3. Whether the petitioner has committed an offence under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 or under section 354, P.P.C. which is bailable is to be seen by the learned trial Court after recording of evidence. The petitioner has no previous crimipal record. Challan of the case has already been submitted. He is no more required for the purpose of investigation. No useful purpose can be served by keeping him behind the bars for; indefinite period. Therefore, he is admitted to bail subject to his furnishing of bail bonds in the sum of Rs.50,000 (fifty thousand rupees only) with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M‑1021/L Bail granted.