2007 PLP 2794 (YLR)
KHALID MAHMOOD-Petitioner Versus THE STATE and another — Respondent
| Citation | 2007 PLP 2794 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Hasnat Ahmad Khan, J |
| Parties | KHALID MAHMOOD-Petitioner Versus THE STATE and another — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 2794 (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 2794 (YLR)?
The case was heard and decided by the Lahore bench comprising: Hasnat Ahmad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 2794 (YLR) (KHALID MAHMOOD-Petitioner Versus THE STATE and another — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Muhammad Ghias-ul-Haq for Petitioner.
Headnotes / Summary
S. 497(2)-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18
Case registered against accused under S.18 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was a case of only attempt to commit Zina
Star witness on the basis of whose evidence, the fate of the case depended, had exonerated the accused
Eye-witness had also exonerated the accused
Offence allegedly committed. by accused though was not compoundable, but in view of duly sworn affidavits which were owned by the victim and said eye-witness, before the court, case of further inquiry had been made out against accused
Accused was enlarged on bail, in circumstances. Miss Sameena Kausar for the Complainant. Rao Atif Nawaz and Ghulam Rasool S.-I. for the State.
Judgment & Decree
HASNAT AHMAD KHAN, J.--Petitioner seeks post-arrest bail in case F.I.R. No.254, dated 13-10-2006 registered under section 18 of he Offence of Zina (Enforcement of Hadood) Ordinance, 1979 at Police Station Ghaziabad District Sahiwal.
2. Learned counsel for the petitioner has submitted that victim and her husband who is one of eye-witnesses of the occurrence had sworn the affidavits exonerating petitioner from the offence alleged against him. The victim and Talib Hussain her husband duly identified by the learned, counsel for the complainant are present in Court. They do not oppose this application.
3. Learned counsel for the State has opposed this bail application on the ground that the offence is not compoundable.
4. After hearing the learned counsel for the parties I have come to the conclusion that-the case has been registered under 'section 18 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 as such it is a case of only attempt to commit zina. Moreover the star witness on the basis of whose evidence the fate of the case depends has exonerated the petitioner. The eye-witness has also exonerated him. Though the offence allegedly committed by, the petitioner is not compoundable but in view of the duly sworn affidavits (placed on record today) which are being owned by the victim and above mentioned the eye-witness, before this Court, the case of further inquiry has been made out. Consequently this petition is accepted and the petitioner is ordered to be enlarged on bail subject to his furnishing bail bonds in the sum of Rs.50,000 (rupees fifty thousand) with one surety in the like amount to the satisfaction of the trial Court. H.B.T./K-10/L Bail granted.