1992 P Cr (PLP)
JIWANA alias RATS‑‑‑Petitioner Versus THE ‑STATE ‑‑‑ Respondent
| Citation | 1992 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Sh. Khizar Hayat, J |
| Parties | JIWANA alias RATS‑‑‑Petitioner Versus THE ‑STATE ‑‑‑ Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1992 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 1992 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Sh. Khizar Hayat, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 P Cr (PLP) (JIWANA alias RATS‑‑‑Petitioner Versus THE ‑STATE ‑‑‑ Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ashraf Mahandra for Petitioner.
Headnotes / Summary
‑‑‑‑S. 497‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/16‑‑‑Bail, grant of‑‑F.I.R. was lodged after a delay of nine months and the question whether accused had abducted and raped the prosecutrix, therefore, needed further inquiry‑‑‑Accused was in jail for more than three years ‑‑‑Abductee had been recovered and the challan had been sent to Court‑‑‑Accused was admitted to bail in circumstances. Nasir‑ud‑Din Ghouri for the State.
Judgment & Decree
Muhammad Ashraf Mahandra for Petitioner. Nasir‑ud‑Din Ghouri for the State. Jiwana petitioner herein stands arrested under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 on the allegation of having abducted and raped Mst. Faiz Mai wife of Fazal Din complainant in case F.I.R. No.54 dated 29‑1‑1991 Police Station Sadar Sadiqabad. It was mentioned that Mst. Faiz Mai and the petitioner were rounded up by Karachi Police on 11‑6‑1991. The Karachi police sent Mst. Faiz Mai abductee to Dar‑ul‑Aman, whereas the petitioner herein was sent to jail. Sadiqabad Police, however, got transferred the petitioner to District Rahimyar Khan on 1‑8‑1991 and also brought Mst. Faiz Mai from Darul Aman Karachi the same day. She in her statement under section 164, Cr.P.C. implicated the petitioner. Mst. Faiz Mai has been made a witness in the case.
2. The petitioner's bail plea was declined by the lower Court, hence this petition
3. I have heard learned counsel for the petitioner as well as for the State and have perused the record.
4. The petitioner is in jail for more than three years (sic). The challan has been sent to the Court. The abductee has been recovered. The question whether the petitioner has abducted and raped her, would need further inquiry because of the fact the F.I.R. in this case was lodged with a delay of nine months. In this view of the matter I allow this petition. The petitioner shall be released on bail subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the trial Court, during the pendency of the trial Court. N.H.Q./J‑16/L Bail granted.