1992 P Cr (PLP)
MUHAMMAD AKRAM‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1992 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Sh. Muhammad Zubair, J |
| Parties | MUHAMMAD AKRAM‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1992 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Sh. Muhammad Zubair, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 P Cr (PLP) (MUHAMMAD AKRAM‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sadiq Jamshed AM for Petitioner.
Headnotes / Summary
‑‑‑‑S. 497‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10‑‑‑Bail, grant of‑‑‑Accused was the sole person named in the F.I.R. who had prima facie committed Zina with a girl of tender age and medical report had supported the case of prosecution‑‑‑Case against accused fell within prohibitory clause of S.497, Cr.P.C.‑‑‑Bail was refused to accused in circumstances. C.M. Latif for the State.
Judgment & Decree
C.M. Latif for the State. The petitioner who is involved in a case under section 10 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 arising out of F.I.R No.117/91, dated 30‑4‑9991, registered at police Station Manga Mandi, District Lahore, seeks to be admitted to bail.
2. Briefly the allegation as narrated in the F.I.R. is that he committed Zina‑bil‑Jabar with Mst. Ishrat Bibi sister of the complainant.
3. The learned counsel for the petitioner has vehemently contended that there is delay of 3‑1/2 hours in lodging the F.I.R. which had not been properly explained. He further submitted that the petitioner has been involved in this case falsely on account of enmity which he has with the prosecution witnesses particularly with Habib son of Haji Mian Muhammad and the story as given in the F.I.R. is highly improbable and unnatural, hence the case ‑against the petitioner is one of further inquiry and he is entitled to the grant of bail as a matter of right. '
4. The learned counsel for the State has submitted that the petitioner committed Ziria‑bil‑Jabar with a minor girl aged about 12‑1/2 years and the medical report is positive. As the victim is a minor hence there are no marks of violence on her body due to her tender age. In the circumstances the petitioner is not entitled to bail.
5. After hearing the learned counsel for the parties and perusing the record, I find no case for the grant of bail is made out as the petitioner is the sole accused named in the F.I.R. who has prima facie committed Zina with a girl of tender age and medical report supports the case of the prosecution. As the case of the petitioner falls within prohibitory clause of section 497, Cr.P.C. hence I decline to release him on bail. This petition is dismissed. N.H.Q./M‑335/L Bail refused.