2004 PLP 244 (SCMR)
BASHIR AHMAD — Petitioner Versus THE STATE — Respondent
| Citation | 2004 PLP 244 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal and Tanvir Ahmad Khan, JJ |
| Parties | BASHIR AHMAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 244 (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 2004 PLP 244 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal and Tanvir Ahmad Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 244 (SCMR) (BASHIR AHMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Sadiq Chaudhry. Advocate Supreme Court with Muhammad Adam Chaudhry, Advocate-on-Record (Absent) for Petitioner.
- Nemo for Respondent.
- Date of hearing: 22nd. May, 2002.
- 3. Heard Mr. Abdul Sadiq Chaudhry, learned Advocate Supreme Court on behalf of petitioner who mainly contended that petition has been falsely implicated in the alleged offence due to party friction and he is totally innocent. It is next contended that F.I.R. was got lodged with a considerable delay of two months and it cannot be without deliberation, and consultation. It is argued that co-accused Muhammad Ramzan has been granted bail which could not have been refused on the principle of consistency. It is urged with vehemence that the valid Nikah Nama is sufficient proof of marriage between (lie parties and hence the question of registration of any criminal case does not arise.
- 4. We have carefully examined the contention as agitated on behalf of petitioner. The entire record has been scanned with the eminent assistance of learned Advocate Supreme Court. It is worth-mentioning that the question of guilt or innocence cannot be decided while deciding bail application which depends upon the evidence which is yet to be recorded. Insofar as the factum of delay in lodging F.I.R. is concerned that has been explained reasonably and no adverse inference could be drawn. Insofar as concession of bail in favour of co-accused namely Muhammad Ramzan is concerned his case is entirely distinguishable as no overt act whatsoever was attributed to him. The validity of Nikah Nama cannot be considered a sole ground for enlarging the petitioner on bail as its authenticity and genuineness is yet to be examined. It is to be noted that the victim has refused in categorical manner that Nikah was ever performed. It appears from scrutiny of record that a poor and helpless girl was abducted forcibly and subjected to Zina-bil-Jabr. Had she been a consenting party she would have not run from pillar to post to get the case registered. Her entire life has been ruined which, aspect of the matter cannot be considered lightly.
Headnotes / Summary
(On appeal from the order, dated 3-4-2002 of the Lahore High Court, Multan Bench, passed in Criminal Miscellaneous No.617/B of 2002).
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance, (VII of 1979),.Ss.10/11
Constitution of Pakistan (1973), Art. 185(3)
Bail-- Question of guilt or innocence of accused could not be decided while ' deciding his bail application as it would depend upon the evidence yet to be recorded in the case
Delay in lodging the F.I.R. had been reasonably explained
Case of co-accused already enlarged on bail was distinguishable as no overt act had been attributed to him
Nikahnama alone could not be the ground for releasing the accused on bail as its authenticity and genuineness was yet to be examined which had been refused by the victim
Poor and helpless girl had been forcibly abducted and subjected to Zina-bil-Jabr and her entire life had been ruined
Had the victim been a consenting party she would not have run from pillar to post to get the case registered
Leave to appeal was refused to accused in circumstances and bail application was dismissed accordingly.
Judgment & Decree
JAVED IQBAL, J.
This criminal petition for leave to appeal is directed against the order dated 3-4-2002 passed by learned Single Judge in Chamber of the Lahore High Court, Multan Beach, whereby application for bail preferred on behalf, of petitioner has been rejected. 2. - Briefly stated the facts of the case are that the petitioner was arrested as a result of F.I.R. bearing l~lef.197 of 2001 dated 25-10-2001 got lodged by Muhammad Siddique S I. at Police Station Machhiwal, District Vehari on the basis of statement got recorded-by Mst. Safia Bibi alleging therein that she was forcibly abducted by the petitioner and one Muhammad Ratnzan and subjected to Zina-bil-Jabr by petitioner. It is further alleged that she was made unconscious and her thumb-impression were affixed on a few papers and subsequently used as a fake Nikah Nama.
3. Heard Mr. Abdul Sadiq Chaudhry, learned Advocate Supreme Court on behalf of petitioner who mainly contended that petition has been falsely implicated in the alleged offence due to party friction and he is totally innocent. It is next contended that F.I.R. was got lodged with a considerable delay of two months and it cannot be without deliberation, and consultation. It is argued that co-accused Muhammad Ramzan has been granted bail which could not have been refused on the principle of consistency. It is urged with vehemence that the valid Nikah Nama is sufficient proof of marriage between (lie parties and hence the question of registration of any criminal case does not arise.
4. We have carefully examined the contention as agitated on behalf of petitioner. The entire record has been scanned with the eminent assistance of learned Advocate Supreme Court. It is worth-mentioning that the question of guilt or innocence cannot be decided while deciding bail application which depends upon the evidence which is yet to be recorded. Insofar as the factum of delay in lodging F.I.R. is concerned that has been explained reasonably and no adverse inference could be drawn. Insofar as concession of bail in favour of co-accused namely Muhammad Ramzan is concerned his case is entirely distinguishable as no overt act whatsoever was attributed to him. The validity of Nikah Nama cannot be considered a sole ground for enlarging the petitioner on bail as its authenticity and genuineness is yet to be examined. It is to be noted that the victim has refused in categorical manner that Nikah was ever performed. It appears from scrutiny of record that a poor and helpless girl was abducted forcibly and subjected to Zina-bil-Jabr. Had she been a consenting party she would have not run from pillar to post to get the case registered. Her entire life has been ruined which, aspect of the matter cannot be considered lightly.
5. In view of heinousness of the offence, the manner in which it has been committed and prescribed punishment, the discretion as exercised by learned Single Judge in Chamber by rejecting bail of the petitioner does not warrant any interference. In such view of the matter the petition being devoid of merit is dismissed. The observations as made hereinabove are tentative in nature and shall not affect the merits of the case. N.H.Q./B-68/S Leave refused.