2002 PLP 1024 (YLR)
MUHAMMAD RIAZ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2002 PLP 1024 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa, J |
| Parties | MUHAMMAD RIAZ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 1024 (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 2002 PLP 1024 (YLR)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1024 (YLR) (MUHAMMAD RIAZ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioner.
Headnotes / Summary
‑‑‑‑S.497(2)‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18‑‑ Bail, grant of‑‑‑F. I. R. had been lodged with a delay of four days‑‑‑Allegations against the accused pertained to an attempt to commit Zina which attempt had admittedly remained abortive‑‑‑Victim lady indisputably was never subjected to any medical examination‑‑‑Was not clear in the peculiar circumstances of the case as to whether the allegation attracted offence under S.18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 or an offence under S.354, P.P.C.‑‑‑Case of the accused calling for further inquiry, he was granted bail. Mehmood‑ul‑Hassan Qureshi for the State.
Judgment & Decree
‑‑‑‑S.497(2)‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18‑‑ Bail, grant of‑‑‑F. I. R. had been lodged with a delay of four days‑‑‑Allegations against the accused pertained to an attempt to commit Zina which attempt had admittedly remained abortive‑‑‑Victim lady indisputably was never subjected to any medical examination‑‑‑Was not clear in the peculiar circumstances of the case as to whether the allegation attracted offence under S.18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 or an offence under S.354, P.P.C.‑‑‑Case of the accused calling for further inquiry, he was granted bail. Altaf Ibrahim Qureshi for Petitioner. Mehmood‑ul‑Hassan Qureshi for the State. Through this petition Muhammad Riaz petitioner has sought post‑arrest bail in case F.I.R. No. 535 registered at Police Station Qaboola Sharif, District Pakpattan Sharif on 26‑12‑2001 for an offence under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. After hearing the, learned counsel for the parties and going through the record it has been noticed that the F.I.R. in this case had been lodged with a delay of four days. The allegation against the petitioner pertains only to an attempt to commit of Zina‑bil‑Jabr with Mst. Fayyaz Bibi, which attempt has admittedly remained abortive. It is not disputed that Mst. Fayyaz Bibi was never subjected to any medical examination. In the peculiar circumstances of this case it is still not clear whether the allegation leveled against the petitioner in the F.I.R. attracts an offence under section 18 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 or an offence under section 354, P.P.C. The investigation of this case has already been completed and, therefore, physical custody of the petitioner is no longer required for the purpose investigation.
3. For what has been discussed above the case against the petitioner calls fob further inquiry into his guilt within the purview of subsection (2) or section 497, Cr.P.C. This petition is therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. S.M.A.H./M‑1215/L Bail granted.