1994 PLP 993 (SCMR)
MUSHARAF HUSSAIN ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1994 PLP 993 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian and Muhammad Rafiq Tarar, JJ |
| Parties | MUSHARAF HUSSAIN ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 993 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 993 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian and Muhammad Rafiq Tarar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 993 (SCMR) (MUSHARAF HUSSAIN ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Hussain Chhachhar, Advocate Supreme Court instructed by Ch, Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Faizur Rehman, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the order of Single Bench of the Lahore High Court, Lahore dated 23‑10‑1993 whereby the bail after arrest petitions of the petitioner were dismissed). ‑‑‑‑S. 497‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail‑‑‑Leave to appeal ‑‑‑Eye‑witnesses in their earlier statements recorded during the investigation of the murder case had not levelled any allegation of Zina against the accused‑‑‑Petition for leave to appeal was converted into an appeal and the accused was allowed bail in circumstances. Faizur Rehman, Advocate Supreme Court for the State. Date of heating: 10th January, 1994.
Judgment & Decree
MUHAMMAD RAFIQ TARAR, J.‑‑‑Musharaf Hussain petitioner seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 23‑10‑1993 whereby his bail application was dismissed.
2. The brief facts of the case are that on 31‑8‑1992 a case under section 324 of the P.P.C. was registered against one Ahmad Nawaz on the report of Muhammad Hussain wherein he alleged that on 30‑8‑1992 at about 10‑00 p.m. Musharaf Hussain (petitioner herein) had gone to the house of Ali Muhammad son of Sher Muhammad. Ahmad Nawaz armed with a pistol also came there and after throwing a challenge on Musharaf Hussain that he would teach him a lesson for entering the house of his uncle fired at him hitting his abdomen. Mst Kaniz Fatima (sister of Ahmad Nawaz) stepped forward to rescue him upon which Ahmad Nawaz fired at her hitting her left thigh. The occurrence was also witnessed by Muhammad Hanif. The motive alleged in the said report was that Ahmad Nawaz had a suspicion that Musharaf Hussain was having illicit relations with his sister Mst Kaniz Fatima.
3. Mst. Kaniz Fatima later on expired. Her vaginal swabs were sent for detection of semen and on receipt of positive report a case under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, was registered against the petitioner.
4. The petitioner moved a bail application in the Lahore High Court which was dismissed on the ground that eye‑witnesses "had seen the petitioner committing zina which led to the murder of a girl with whom the petitioner was indulging in sexual intercourse".
5. Learned counsel for the petitioner contends that two alleged eye witnesses of Zina namely Muhammad Ashraf and Mst. Bagan were also examined by the Investigating Officer during the investigation of aforesaid murder case but they had not uttered a word about commission of zina and the allegation of zina made by them in their subsequent statements recorded three months later was only an afterthought. The learned State counsel does not controvert the contention that the two alleged eye‑witnesses in their earlier statements recorded during the investigation of the murder case had not levelled any allegation of zina against the petitioner. In the circumstances this petition is converted into an appeal and disposed of allowing bail in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of A.C. Shahpur Saddar. N.H.Q./M‑1945/S Bail allowed