2003 PLP 3244 (YLR)
MUHAMMAD NADEEM alias UDHAM‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2003 PLP 3244 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Nazir Ahmed Siddiqui, J |
| Parties | MUHAMMAD NADEEM alias UDHAM‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2003 PLP 3244 (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 2003 PLP 3244 (YLR)?
The case was heard and decided by the Lahore bench comprising: Nazir Ahmed Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 3244 (YLR) (MUHAMMAD NADEEM alias UDHAM‑‑‑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.
- Date of hearing: 28th October, 2002.
Headnotes / Summary
‑‑‑‑S.497‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12‑‑ Penal Code (XLV of 1860), S.377‑‑‑Bail, grant of‑‑‑Age of accused according to record of the school was 11 years and 9 months at the time of alleged occurrence‑‑‑Delay of 3 days had occurred in lodging F.I.R. and even medical examination of victim was conducted after three days‑‑‑Medical Report showed that the accused was incapable of performing sexual intercourse‑‑‑Accused was behind the bars for the last more than five months ‑‑‑Challan though had been submitted to Trial Court, but there was no likelihood of the trial in near future‑‑‑Accused was required to be tried under Juvenile Justice System Ordinance, 2000 as he was below age of 18 years‑‑‑Accused was admitted to bail, in circumstances. Muhammad Manzoor Bhatti for the State.
Judgment & Decree
Altaf Ibrahim Qureshi for Petitioner. Muhammad Manzoor Bhatti for the State. Date of hearing: 28th October, 2002. Petitioner seeks post‑arrest bail in case F.I.R. No.115 of 2002 dated 22‑5‑2002 under section 12, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with section 377, P.P.C. registered at Police Station Sahooka, District Veharri.
2. As per F.I.R., the petitioner is accused of committing sodomy with Sala‑ud -Din (aged 10 years), son of the complainant.
3. Arguments heard. Record perused.
4. It is not denied that on the date of the alleged occurrence, age of the petitioner was 11 years and 9 months. Headmaster of the Government Primary School, Chak No.109/EB, Tehsil Burewala, District Vehari is also present in the Court alongwith record and he verifies this fact; that there is a delay of 3 days in lodging the F.I.R. and even the medical examination of the victim was conducted after three days; that as per report of the Medical Officer, petitioner is incapable of performing sexual intercourse; that the petitioner is behind the bars for the last more than five months; though the challan has been submitted to the learned trial Court, yet there is no likelihood of commencement of the trial in the near future and; that petitioner is required to be tried under the Juvenile Justice System. Ordinance, 2000 as he is below the age of 18 years.
5. Having been persuaded by the above factors taking together, I am inclined to allow this petition. Resultantly, petitioner is admitted to post‑arrest bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (One lac) with two sureties each in the sum of like amount to the satisfaction of the learned trial Court. H.B.T./M‑2034/L Bail granted.