1998 PLP 1693 (MLD)
MUSHIR AHMAD — Petitioner Versus THE STATE — Respondent
| Citation | 1998 PLP 1693 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUSHIR AHMAD — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1998 PLP 1693 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1693 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1693 (MLD) (MUSHIR AHMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed Muhammad Tariq Shah for Petitioner.
Headnotes / Summary
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 16 & 10(3)
Accused who had absconded had been attributed the principal role of having taken away the complainant's wife to Karachi and having subjected her to Zina-bil-Jabr for about 1/1-2 months
Case of co -accused already released on bail was completely different
Challan after thorough investigation had been submitted against the accused in the Court-- Bail was refused to accused in circumstances.
Judgment & Decree
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 16 & 10(3)
Accused who had absconded had been attributed the principal role of having taken away the complainant's wife to Karachi and having subjected her to Zina-bil-Jabr for about 1/1-2 months
Case of co -accused already released on bail was completely different
Challan after thorough investigation had been submitted against the accused in the Court-- Bail was refused to accused in circumstances. Syed Muhammad Tariq Shah for Petitioner. Waheed Anwar for the State. Petitioner has sought post arrest bail in a case registered vide F.I.R. No.95 under sections 16 and 10(3) of Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) at Police Station Shedani on 6-6-1993. It is the case of the prosecution that the petitioner cultivated illicit liaison with the complainant's wife Mst. Jewan. When he came to know about this nefarious relationship, he stopped him to visit his residential place. On 28-5-1993 when his wife Mst. Jewan was all alone in her house, the petitioner alongwith his co-accused took her away on the pretext that her husband Allah Ditta had met with an accident at Uch Sharif. She accompanied the miscreants and ultimately she was taken to Karachi where the petitioner kept her for well over 1-1/2 months in an illegal confinement and subjected her to Zina-bil-Jabr. She succeeded in escaping from Karachi whereafter her statement under section 164, Cr.P.C. was recorded. Bail is sought on the ground that there is a delay of 7 days in the recording of FIR and the petitioner has been implicated in a mala fide manner. A further argument has been advanced that the co-accused had already been granted bail. I have considered the contentions. The petitioner remained absconded and was ultimately apprehended on 30-4-1995. He has been attributed then principal role. It was he who took the lady to Karachi and subjected her to Zina-bil-Jabr for all this period. The case of the co-accused who has since been released on bail is completely different. The challan after thorough investigation' has been submitted against the petitioner. In this background, there is no ground for releasing on bail. Accordingly, this petition is dismissed. N.H.Q./M-163/L Bail refused