2006 PLP 730 (YLR)
SAJID ALI — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 730 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Rustam Ali Malik, J |
| Parties | SAJID ALI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 730 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 730 (YLR)?
The case was heard and decided by the Lahore bench comprising: Rustam Ali Malik, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 730 (YLR) (SAJID ALI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shaharyar Sheikh for Petitioner.
Headnotes / Summary
S. 497(2)
Offence of Zina (Enforce ment of Hadood) Ordinance (VII of 1979), S.10
Bail, grant of-Further inquiry
Prosecution story revealed that occurrence was witnessed by two prosecution witnesses and on seeing said witnesses, accused allegedly fled away
Neither ' said prosecution witnesses nor victim herself had informed complainant at the relevant time
F.I.R. showed that occurrence had taken place one and a half or two months before registration of F.I.R.
Alleged victim was medically examined and after examination Lady Doctor found pregnancy of victim girl as old as seven months
Deeper appreciation of evidence, though was not possible at the bail stage, but even on tentative assessment, it was clearly a case of further inquiry into the guilt of accused
Accused, in circumstances, was entitled to concession of bail. Ms. Sabahat Rizvi for the State. Nawaz, S.I.
Judgment & Decree
RUSTAM ALI MALIK, J.
The petitioner seeks bail after arrest in case F.I.R. No.105 of 2005 registered on 13-3-2005 in Police Station Malikwal, District Mandi Bahauddin under section 10/7/79 Offence of Zina (Enforce ment of Hadood) Ordinance, 1979 and sections 338-A/ 511/ 109, P.P.C.
2. The F.I.R. was lodged by Allah Ditta complainant alleging therein that Muhammad Sajjad accused had committed Zina-bil-Jabr with his sister Mst. Shakila Bibi while she had gone out of the village to ease herself.
3. According to the prosecution story, the occurrence was witnessed by Muhammad Fazal and Faiz Muhammad P.W. and on seeing them the accused had allegedly fled away. It is surprising that neither they nor the victim herself had informed the complainant at the relevant time. According to the contents of the F.I.R., the occurrence had taken place 1-1/2 or 2 months before the registration of the F.I.R. The alleged victim was medically examined on 1-4-2005 and the woman Medical Officer found her pregnancy as old as seven months. Although deeper appreciation of evidence is not possible at the bail stage, yet, even on tentative assessment, it is clearly a case of further inquiry into the guilt of the petitioner and he is thus entitled to the concession of bail. Therefore, this bail application is accepted and the petitioner is admitted to bail in the sum of Rs.50,000, with one surety in the like amount, to the satisfaction of the learned trial Court. H.B.T./S-11/L Bail granted.