2006 PLP 806 (SCMR)
SAIFULLAH — Petitioner Versus THE STATE and another — Respondents
| Citation | 2006 PLP 806 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ |
| Parties | SAIFULLAH — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 806 (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 2006 PLP 806 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 806 (SCMR) (SAIFULLAH — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iqbal Hamid-ur-Rehman, Advocate Supreme Court and A.H. Masood, Advocate-on-Record for Petitioner.
- Date of hearing: 5th December, 2005.
- 5. On the other hand the learned Assistant Advocate-General of Punjab, opposed the bail on the ground that two witnesses had already been examined by the trial Court and that the case was likely to be concluded shortly.
- 6. We have heard the learned counsel for the petitioner as well as the learned Assistant Advocate-General, Punjab at some length. Admittedly, the report of Chemical Examiner is in the negative. Therefore, the question whether or not sodomy had been committed with the minor child would require further inquiry. So far only two formal A police witnesses have been examined. We are also informed that the complainant is causing delay in the conclusion of the trial.
Headnotes / Summary
(On appeal from the judgment, dated 21-10-2005 by the Lahore High Court, Lahore, in Criminal Miscellaneous No.5524/CB of 2005).
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12
Penal Code (XLV of 1860), S.377
Constitution of Pakistan (1973), Art.185(3)
Report of Chemical Examiner being in the negative, question whether or not sodomy had been committed with the minor child required further inquiry
So far only two formal police witnesses had been examined
Complainant was stated to be causing delay in the conclusion of the trial
Petition for leave to appeal was converted into appeal which was allowed and the accused was allowed bail in circumstances. Zubair Khalid, A.A.-G., Punjab, Muhammad Akram, Sub-Inspector, Punjab Police Station Mochiwala, District Jhang (on Court's Call).
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
The petitioner seeks leave to appeal from order dated 21-10-2005 passed by the Lahore High Court, Lahore, in Criminal Miscellaneous No.5524/CB of 2005.
2. A criminal case F.I.R. No.185 of 2005, dated 6-5-2005 under section 12, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 377, P.P.C. was registered against the petitioner at Police Station Mochiwala, District Jhang at the instance of Ahmad Nawaz. The complainant stated therein that on 4-5-2005 his minor son Mohsin Nawaz aged about 2-1/2 years went to the shop of the petitioner where the petitioner committed sodomy with the minor child.
3. The petitioner was arrested on 20-5-2005. He was allowed bail by the Additional Sessions Judge. However, the complainant filed Criminal Miscellaneous No.5524/CB of 2005, which was allowed by the Lahore High Court, Lahore, by the impugned order, dated 21-10-2005 whereby the bail of the petitioner was cancelled.
4. The learned counsel submitted that the report of the Chemical Examiner was in the negative as no sodomy has been committed with the child. The case was, however, called for further inquiry.
5. On the other hand the learned Assistant Advocate-General of Punjab, opposed the bail on the ground that two witnesses had already been examined by the trial Court and that the case was likely to be concluded shortly.
6. We have heard the learned counsel for the petitioner as well as the learned Assistant Advocate-General, Punjab at some length. Admittedly, the report of Chemical Examiner is in the negative. Therefore, the question whether or not sodomy had been committed with the minor child would require further inquiry. So far only two formal A police witnesses have been examined. We are also informed that the complainant is causing delay in the conclusion of the trial.
7. For the foregoing reasons, this petition is converted into appeal and the same is allowed. The impugned order, dated 21-10-2005 by the Lahore High Court, Lahore in Criminal Miscellaneous No.5524/CB of 2005 is set aside. Consequently, the petitioner shall be released by the Executing the bail bond in the sum of Rs.50,000 with one surety to the satisfaction of the trial Court. N.H.Q./S-12/SC????????????????????????????????????????????????????????????????????????????????????????????? Bail allowed.