1989 PLP 4790 (MLD)
RAFIQ MASIH‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 4790 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | RAFIQ MASIH‑‑Petitioner Versus THE STATE‑‑Respondent |
Q1: What are the key laws and sections cited in 1989 PLP 4790 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 4790 (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: 1989 PLP 4790 (MLD) (RAFIQ MASIH‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nafeer A. Malik for Petitioner.
Headnotes / Summary
‑S.497‑‑Penal Code (XLV of 1860) S.377‑‑Bail, grant of‑‑Accused was below 16 years of age‑‑Eye‑witnesses mentioned in F.I.R. had sworn affidavits that they did not see the occurrence‑‑Bail was granted to accused in circumstances.
Judgment & Decree
Criminal Procedure Code (V of 1898)‑ ‑‑
‑S.497‑‑Penal Code (XLV of 1860) S.377‑‑Bail, grant of‑‑Accused was below 16 years of age‑‑Eye‑witnesses mentioned in F.I.R. had sworn affidavits that they did not see the occurrence‑‑Bail was granted to accused in circumstances. Nafeer A. Malik for Petitioner. Hafiz Ghulam Bari for the State. Rafiq Masih petitioner was arrested on 29‑12‑1988 on the allegation of committing sodomy with Muhammad Idrees aged 8 years. The victim was medically examined and his anal swab, were found to be stained with semen and blood.
2. Bail is mainly sought on the ground that the petitioner was below 16 years of age on the day of the alleged offence. His birth certificate has been produced. According to it he was born on 16‑5‑1975 and he was about 13‑1/2 years of age on the clay of occurrence. Baser Masih and Farid Masih mentioned as eye‑witnesses in the F.I.R. have sworn affidavits to the effect that they did not sec the occurrence.
3. In view of the above circumstances, I admit the petitioner to bail in the sum of Rs.70,000 with two sureties in the like amount to the satisfaction of the trial Court. S.A‑/R‑171/L Bail granted.