2002 PLP 1138 (MLD)
ASHIQ ALI ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2002 PLP 1138 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Mian Muhammad Najam‑uz‑Zaman, J |
| Parties | ASHIQ ALI ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 1138 (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 2002 PLP 1138 (MLD)?
The case was heard and decided by the Lahore bench comprising: Mian Muhammad Najam‑uz‑Zaman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1138 (MLD) (ASHIQ ALI ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pervaiz Inayat Malik for Petitioner.
- Date of hearing: 14th February, 2002.
Headnotes / Summary
‑‑‑‑S.497(2)‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10/14/18‑‑‑Bail, grant of‑‑‑No evidence was on record to attract provisions of Ss. 10/14 of Offence of Zina (Enforcement of Hudood).Ordinance, 1979 qua the accused‑‑‑Prosecution's own story was that at the time of raid accused alongwith a woman was found in semi naked condition‑‑‑Question as to how far ingredients of S.18 of Offence of Zina (Enforcement of Hudood), Ordinance, 1979 would be attracted in such circumstances, was yet to be looked into by Trial Court‑‑‑Case of accused prima facie fell within purview of S.497(2), Cr.P.C. calling for further inquiry‑‑‑Accused was granted bail, in circumstances. Sh. Mumtaz Ali for the State.
Judgment & Decree
Pervaiz Inayat Malik for Petitioner. Sh. Mumtaz Ali for the State. Date of hearing: 14th February, 2002. Ashiq Ali petitioner seeks grant of post‑arrest bail in the case F. I. R. No. 10 of 2002 dated 8‑1‑2002 registered under sections 10/14/18 of the Offence of Zina (Enforcement of Hudood) Ordinance VIII of 1979 at Police Station Iqbal Town, Lahore. Petitioner was arrested on the day of registration of this case. His application was dismissed by the Additional Sessions Judge, Lahore vide order, dated 15‑1‑2002. Hence the instant bail petition.
2. In nutshell the story of the prosecution as narrated in the F.I.R. is that upon a secret information about the availability of Muhammad Zubair, a proclaimed offender, in the F.I.R. No.41, dated 1‑2‑1990 under sections 148/302/307/452/149, P.P.C. registered at Police Station Iqbal Town, Lahore, the police conducted a raid at Shah Nawaz Plaza, Moon Market, Iqbal Town, Lahore. During these proceedings from different rooms of the building many men and women were arrested who were allegedly committing Zina. Statedly, petitioner alongwith one Mst. Munazza was also found in one of the rooms in a semi naked condition. The petitioner was arrested at the spot and present case was registered.
3. Heard. File perused.
4. Admittedly there is evidence on record to attract the provisions of sections 10/14 of the ibid Ordinance qua the petitioner. According to the prosecution's own story at the time of raid the petitioner alongwith one Mst. Munazza was found semi‑naked condition. In these circumstances the question as to how far ingredients of section 18 of the said Ordinance would be attracted, is yet to be looked into by the trial Court and prima facie in the circumstances, case of the petitioner falls within the purview of section 497(2), Cr.P.C. calling for further inquiry. Accordingly the instant petition is allowed, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.10,000 (Rupees ten thousand) with one surety in the like amount to the satisfaction of the trial Court. H.B.T./A‑447/L Bail granted.