1997 P Cr (PLP)
MUHAMMAD ARSHAD — Petitioner Versus THE STATE — Respondent
| Citation | 1997 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ARSHAD — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1997 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 P Cr (PLP)?
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: 1997 P Cr (PLP) (MUHAMMAD ARSHAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Akhtar Hussain for Petitioner. Maqsood Ahmad Khan and Muhammad Yasub for the State.
Headnotes / Summary
S. 497(2)
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11
Abductee had made a statement that she was not kidnapped or abducted by anybody and that she had voluntarily married the accused as she liked him
Nikahnama had been placed on the record
Challan had not yet been submitted in the Court
Reasonable grounds did not exist to believe that the accused was guilty of the offence with which he was charged, rather grounds for further inquiry into his guilt were available within the meaning of S.497(2), Cr.P.C. entitling him to the grant of bail
Judgment & Decree
Ch. Akhtar Hussain for Petitioner. Maqsood Ahmad Khan and Muhammad Yasub for the State. Date of hearing: 27th March, 1996. Muhammad Arshad petitioner was arrested on 19-7-1995 and is in jail ever since in pursuance of a case registered against him vide F.I.R. No.206/95, dated 27-6-1995 under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Garjakh of Gujranwala District.
2. Mst. Farzana Bibi abductee made a statement on 26-6-1995 (Annexure "E") to the effect that nobody had kidnapped or abducted her and that she was voluntarily entering into marriage with Muhammad Arshad petitioner which she actually did on the same day and the Nikahnama has been placed on record as Annexure "D".
3. The statement of Mst. Farzana Bibi under section 164, Cr.P.C. was recorded on 9-7-1995. In this statement also Mst. Farzana Bibi has stated that she liked Muhammad Arshad petitioner and, therefore, married him.
4. Learned counsel appearing on behalf of the State informs me that the challan had not yet been submitted in Court.
5. From the material that has been collected by the prosecution so far, reasonable grounds to believe that the petitioner is guilty of an offence punishable with death or imprisonment for life or imprisonment for 10 years do not seem to exist. There may be grounds for further inquiry within the meaning of subsection (2) of section 497, Cr.P.C. which entitles the petitioner to .the grant of bail.
6. Resultantly, the petitioner is granted bail provided he furnishes a bail bond in the sum be Rs.50,000 with one surety in the, like amount to the satisfaction of the Assistant Commissioner, Gujranwala. N.H.Q./M-250/L Bail allowed.