2006 PLP 826 (SCMR)
FARZANA NAHEED and others — Petitioners Versus THE STATE — Respondent
| Citation | 2006 PLP 826 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ |
| Parties | FARZANA NAHEED and others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 826 (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 826 (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 826 (SCMR) (FARZANA NAHEED and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Seerat Hussain Naqvi, Advocate Supreme Court and Haji Muhammad Rafi Siddiqui, Advocate-on-Record for Petitioners.
- Date of hearing: 6th December, 2005.
Headnotes / Summary
(On appeal from the order, dated 19-10-2005 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No.7025/H of 2005).
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11
Constitution of Pakistan (1973), Art.185(3)
Complainant although claimed second marriage with the lady accused, yet he had not attached any Nikahnama to substance his claim
Lady accused had filed a suit for jactitation and the proceedings in the criminal case had been stayed to await the decision in the suit
Relationship of both the accused, prima facie, did not appear to be violative of any penal law, as they claimed to be living as husband and wife
Accused were in confinement for the last about nine months and their trial was not likely to conclude within a reasonable time
Accused were admitted to bail in circumstances. Zubair Khalid, A.A.-G. Punjab for the State.
Judgment & Decree
KARAMAT NAZIR BHANDARI, J.
Petitioners, husband and wife, seek leave to appeal from the order of the Lahore High Court, dated 19-10-2005 passed in Criminal Miscellaneous No.705/B of 2005 declining bail to the petitioners.
2. The two petitioners are accused of an offence under sections 10/16, Zina (Enforcement of Hudood) Ordinance, 1979 arising out of F.I.R. No.218 of 2004, dated 24-3-2004 registered at Police Station Sadar, District Jhang. It is alleged by Zafar Abbas the complainant that petitioner No.1 (Mst. Farzana Naheed) was married to him, she was divorced upon which she married one Iqrar Hussain on 13-12-1998. It is asserted that after having her marriage with Iqrar Hussain dissolved through Court the said Farzana married again and started living with the complainant. She thereafter developed illicit relations with Khalid Mahmood petitioner No.2 to whom she claims to have married herself on 1-9-2004. We are informed that the petitioners have been arrested and are in confinement since April, 2005. We are also informed that the trial has not commenced and it seems it is not likely to conclude within a reasonable time. We are also informed that petitioner No.1 has filed a suit for jactitation and the proceeding in the criminal case has been stayed to await the decision in the suit.
3. The complainant although claims second marriage with the petitioner No.1 on 16-8-2002 but has not attached any Nikahnama to substantiate the claim. It is very rare that a divorced woman is retaken in' marriage. Prima facie it does not seem to be a case where the petitioners relationship can be said to be violative of any penal law as they' claim to be living as husband and wife. The trial has been adjourned sine die to await the decision of the suit. In the circumstances, this petition is converted into appeal and the same is allowed. Petitioners are directed to be released on bail subject to their furnishing bonds in the sum of Rs.25,000 each with one surety each in the like amount, to the satisfaction of trial Court. N.H.Q./F-5/SC??????????????????????????????????????????????????????????????????????????????????? Bail allowed.