PCRLJ 1984

1984 P Cr (PLP)

ABDUL HAMID-Petitioner Versus THE STATE-Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 1394/B of 1983, decided on 6th December, 1982.
Honorable Judges
Khizar Hayat, J
Case Reference Summary (AEO Optimized)
Citation 1984 P Cr (PLP)
Forum / Court Lahore
Bench Members Khizar Hayat, J
Parties ABDUL HAMID-Petitioner Versus THE STATE-Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1984 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1984 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: Khizar Hayat, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1984 P Cr (PLP) (ABDUL HAMID-Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • A M. Sultan Alam for Petitioner.

Headnotes / Summary

S. 497/498-Penal Code (XLV of 1860), Ss. 352/380 & 382 --Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 6-Bail-Enmity existing between parties-Whether accused really committed an offence punishable with Tazir-Matter of further inquiry-Bail granted. Rana Muhammad Anwar for the State.

Judgment & Decree

S. 497/498-Penal Code (XLV of 1860), Ss. 352/380 & 382 --Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 6-Bail-Enmity existing between parties-Whether accused really committed an offence punishable with Tazir-Matter of further inquiry-Bail granted. A M. Sultan Alam for Petitioner. Rana Muhammad Anwar for the State. This is a bail application on behalf of Abdul Hamid who has been arrested by the police of Jalalpur Pirwala Police Station under sections 452, 380 and 382, P.P.C. read with section 6 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, for having committed rape on Karim Khatoon wife of one Allah Wasaya. The petitioner having approach ed the Additional Sessions Judge, Multan unsuccessfully, has made the instant petition before this Court. 2. It is admitted by the learned counsel for the State that case of the petitioner is not of Hadd but is one of Tazir. It is also admitted that the petitioner's wife Mst. Allah Wasai has also got a case admitted against the husband of Mst. Karim Khatoon (prosecutrix in this case) on the allegation that she was raped by him. That case was cancelled by the police as false. However, the fact remains that there exists enmity between the parties.. In this perspective, I feel that it, needs further inquiry as to whether the petitioner has really committed an offence punishable with Tazir as alleged by the prosecution or not.This petition is consequently allowed. The petitioner is directed to be released on bail subject to his furnishing a bond in the sum of Rs. 1,000 (Rs, ten thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate. Shujabad. M. Y. H. Bail granted.