1997 PLP 1345 (MLD)
FAYYAZ AHMED alias FAJI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1997 PLP 1345 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Ahmad Saeed Awan, J |
| Parties | FAYYAZ AHMED alias FAJI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 1345 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 1345 (MLD)?
The case was heard and decided by the Lahore bench comprising: Ahmad Saeed Awan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 1345 (MLD) (FAYYAZ AHMED alias FAJI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Sajid Ahmad Dogar for Petitioner.
Headnotes / Summary
‑‑‑‑S.497‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10‑‑‑Bail‑‑‑Victim girl had been made accused in the case due to the pressure from the side of the accused as the complainant belonged to a poor family‑‑ Nobody could coin up the story involving his family honour‑‑‑Discretion exercised by the Sessions Court in refusing bail to accused did not call for interference in circumstances‑‑‑Bail was declined to accused accordingly. Muhammad Aslam Awan for the Complainant.
Judgment & Decree
Sardar Sajid Ahmad Dogar for Petitioner. Muhammad Aslam Awan for the Complainant. Fayyaz Ahmed alias Faji, petitioner, being accused in case F.I.R. No.223/95 dated 27‑6‑1995 registered with P. S. Malakwal under section 10 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, has filed this petition under section 497, Cr.P.C. 'for the grant of post arrest bail.
2. The allegation against the petitioner is that he committed Zina with Mst. Asmat Bibi daughter of the complainant.
3. In support of the petition, learned counsel contended that the investigation was conducted by the two senior police officers and that co- accused, namely, Imtiaz Ahmad was found to be innocent. Further contended that the victim was also treated as an accused and was willing party and that there is no evidence to connect the petitioner with the commission of offence, hence is entitled to the concession of bail.
4. Learned counsel for the complainant has vehemently opposed the bail application and contended that the victim Mst. Asmat Bibi has been made accused due to the pressure from the side of the petitioner and that she being minor was not a consenting party.
5. I have heard the arguments advanced by the learned counsel for the parties and have gone through the record with their able assistance. The contentions raised by the learned counsel for the petitioner are 'without force. I am of the considered opinion that the girl has been made accused due to the pressure from the side of the petitioner as the complainant belongs to a poor family. It is also made clear that nobody in our society would coin up the story involving the family honour. In the circumstances of the case, I am not inclined to interfere with the discretionary orders passed by the learned Sessions Judge. Dismissed. N.H.Q./F‑19/L Bail refused.