2012 PLP 1965 (MLD)
NIAMAT ALI — Petitioner Versus THE STATE and others — Respondents
| Citation | 2012 PLP 1965 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NIAMAT ALI — Petitioner Versus THE STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 1965 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 1965 (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: 2012 PLP 1965 (MLD) (NIAMAT ALI — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Anwar Zahid for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S. 377
Juvenile Justice System Ordinance (XXII of 2000), S. 10(5)
Unnatural offence (carnal intercourse)
Accused and co-accused were alleged to have committed sodomy with the victim, who was a child aged about four years
Contentions of accused were that co-accused had been granted bail on the same set of allegations; that accused was aged about 14/15 years, therefore, being a juvenile he was entitled for the concession of bail, and that investigation was complete and accused was no more required for further investigation
Accused was a juvenile being less than 15 years of age
Investigation was complete
Co-accused had already been granted bail
Although accused was charged with peadophilia but circumstances warranted acceptance of bail petition
Judgment & Decree
MAZHAR IQBAL SIDHU, J.
Niamat.Ali petitioner seeks post arrest bail on the allegation that he along with his co-accused Mohsan Ali (real brother) committed carnal intercourse against the order of nature with Afzaal Hussain aged about four years turn by turn.
2. Learned counsel for the petitioner contends that two real brothers have been falsely involved in this case; equilateral allegations were levelled by the prosecution against petitioner and his co-accused Mohsan Ali who has been granted bail whereas petitioner refused, by the learned trial court and more so petitioner as per prosecution's own case is aged about 14/15 years and he being juvenile is also entitled for concession of bail. Further submits that petitioner is behind the bars since 5-3-2012; investigation is over and he is no more required for further investigation, therefore, he may be granted bail.
3. Learned DDPP has opposed bail application on the grounds that minor was induced to the house of the petitioner where he was subjected to sodomy/unnatural offence by the petitioner and his co-accused and MLR of Afzaal victim carried out on 28-2-2012, the same supports to the prosecution version and offence alleged falls within the prohibitory clause of section 497, Cr.P.C. Further submits that petitioner being paeddiatrician is not entitled for concession of bail.
4. Heard and record perused.
5. Petitioner is juvenile as he is less than 15 years. He is behind the bars since 5-3-2012. Investigation is complete. Co-accused is on bail. No doubt, he is under the charge of paedophilia but circumstances warrant to accept instant petition. Thus, instant petition is allowed and petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (one lac) with one surety in the like amount to the satisfaction of learned trial Court. MWA/N-56/L???????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.