2002 PLP 1748 (MLD)
ZAWAR HUSSAIN and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent
| Citation | 2002 PLP 1748 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Raja Muhammad Sabir, J |
| Parties | ZAWAR HUSSAIN and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 1748 (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 2002 PLP 1748 (MLD)?
The case was heard and decided by the Lahore bench comprising: Raja Muhammad Sabir, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1748 (MLD) (ZAWAR HUSSAIN and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad' Ali and Syed Asif Raza Gillani for Petitioners.
Headnotes / Summary
‑‑‑‑S.498‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.16‑‑‑Pre‑arrest bail, grant of‑‑‑Accused without first approaching Court of Session which was Court of original jurisdiction, tiled application for pre‑arrest bail before the High Court‑‑‑In absence of any reasonable explanation for not approaching Court of original' jurisdiction for grant of pre‑arrest bail, High Court dismissed application filed directly before it. Khadim Nadeem Malik, Addl. A: G. for the State. Malik Muhammad Shabbir Langrial for the Complainant.
Judgment & Decree
Malik Muhammad' Ali and Syed Asif Raza Gillani for Petitioners. Khadim Nadeem Malik, Addl. A: G. for the State. Malik Muhammad Shabbir Langrial for the Complainant. Petitioners seek pre‑arrest bail in case registered vide F.I.R. No.111 of 1999 at Police Station Jatoi, District Muzaffargarh under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The brief of the case are that complainant Allah Bachaya submitted an application to the S.H.O. for registration of a case against petitioners Nos. 2, 3 and others for abduction of his daughter Mst. Kalsoom petitioner No. l during the night of 1‑3‑1999. It is alleged in the F.I.R. that petitioners Nos.2 and 3 alongwith others came in the house of the complainant with sweets which was distributed among the members of his family. After eating the sweet some of the members of the family of the complainant became unconscious. At about 4‑00 a.m. when he gained senses found his daughter Mst. Kalsoom petitioner No. l and is grandson Muhammad Irfan missing from the house. He suspected the accused named in the F.I. R, went to their house which was found locked and accused missing. P. Ws. told complainant that they saw Mst. Kalsoom and Muhammad Irfan at Wagon Adda in the company of the accused. When the accused were contacted they have been promising to return Mst. Kalsoom and Muhammad Irfan but subsequently they declined whereafter the complainant got case registered on 5‑3‑1999.
3. Petitioners have not approached the learned Sessions Judge for the grant of pre‑arrest bail, the Court of first instance. There is no justification to entertain this petition directly without approaching the Court of original jurisdiction. No reasonable explanation has been furnished for not approaching the learned Sessions Judge for pre‑arrest bail.
4. I am not inclined to go into the merits of the case as no valid justification for not approaching the learned Sessions Judge has been shown. The petition is accordingly dismissed limine. H.B.T./Z‑115/L Petition dismissed.