1987 PLP 3083 (MLD)
Mst. MUKHTIARAN and another — Petitioners, Versus THE STATE — Respondent
| Citation | 1987 PLP 3083 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Khizar Hayat, J |
| Parties | Mst. MUKHTIARAN and another — Petitioners, Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 3083 (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 1987 PLP 3083 (MLD)?
The case was heard and decided by the Lahore bench comprising: Khizar Hayat, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 3083 (MLD) (Mst. MUKHTIARAN and another — Petitioners, Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioners.
Headnotes / Summary
S.497--Offence of Zina (Enforcement of Hadood) Ordinance (VII of 1979), Ss. 11 & 16--Bail, grant of--No allegation that petitioners forcibly took away abductee with them--Abductee and her paramour having gone underground and not being traced by Police--Petitioners in judicial lock-up for over a month and no more wanted for investigation and interrogation--Petitioners allowed bail, in circumstances. Rehmat Ullah Qureshi for the State.
Judgment & Decree
Altaf Ibrahim Qureshi for Petitioners. Rehmat Ullah Qureshi for the State. Mst. Mukhtaran and her mother Mst. Fatima, petitioners herein, have applied for the grant of bail in a case registered against them and Mustafa and Nawaz at Police Station Mumtazabad vide F.I.R. No. 331 dated 4-7-1987 under section 11/16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. Mst. Manzooran, abductee in the case, is wife of Nazir Ahmad and daughter of Sultan complainant. She had eloped with Mustafa some 3 months prior to the instant occurrence. However, he was got back whereafter both Mst. Manzooran and her husband started living in Jamalpura Colony, Multan. Mst. Manzooran was employed as maid servant in the house of one Khawar Abbas of Mumtazabad. Sultan complainant reported at Police Station Mumtazabad on 4-7-1987 that on 29-6-1987 the masters of Mst. Manzooran had gone to attend Qul Khawani leaving her at their house. In their absence Mst. Manzooran was approached by the petitioner ladies whereafter the petitioners as well as Mst. Manzooran disappeared. Some 5 days, later Sultan lodged the F.I.R. as she could not be traced.
3. Both Mst. Manzooran and her paramour Mustafa are not traceable. Mustafa's mother Mst. Fatima petitioner and his sister Mst. Mukhtaran petitioner were arrested by the police on 27-7-1987. They were remanded to judicial custody next day. Since then they are in jail. Their bail plea was declined by the lower Court, hence this application.
4. I have heard learned counsel for the petitioners as well as for the State and also perused the record.
5. Admittedly no clue of Mst. Manzooran and Mustafa accuse was found from the petitioners. It seems to be a case of elopement. Both Mst. Manzooran and Mustafa have gone underground. It is for the police to trace them out and bring them to book. There is no allegation that the petitioners had forcibly taken away Mst. Manzooran with them. They are in judicial lock-up for over a month. They are no more wanted for investigation and interrogation by the police. I am afraid, no useful purpose would be served by detaining them any further. Consequently, I allow this petition. The petitioners shall be' released subject to their furnishing bail bonds in the sum of Rs. 10,000/- with one surety in the like amount each to the satisfaction of A.C./ Duty Magistrate, Multan. S.G.D./M-381/L Bail allowed.