2001 PLP 1338 (YLR)
MURTAZA — Petitioner Versus THE STATE — Respondent
| Citation | 2001 PLP 1338 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa, J |
| Parties | MURTAZA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2001 PLP 1338 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 1338 (YLR)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 1338 (YLR) (MURTAZA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Fazal Rauf Joya for Petitioner.
Headnotes / Summary
S.497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 16/10(3)
F.L.R. had been lodged with the delay of about three months
Prosecutrix for many years before registration of the FIR had been travelling with the accused from place to place and had been living with him in a big city without raising any protest and without attracting the attention of anybody against the alleged excess being committed by the accused-- Accused had raised a defence of Nikah during investigation of the case
Suit for jactitation of marriage filed by the prosecutrix against the accused was pending before the Family Court
Challan in the case having already been submitted after completion of investigation, further continuation of physical custody of the accused was not likely to serve any beneficial purpose
Case against the accused requiring further inquiry, he was allowed bail. Muhammad Aslam Budh for the State.
Judgment & Decree
Through this petition Murtaza petitioner has sought post-arrest bail in case F.I.R. No.297 registered at Police Station Qaboola Sharif, District Pakpattan Sharif on 3-9-2000 for offences under sections 16/10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. After hearing the learned counsel for the parties and going through the record it has been (sic) that the F.I.R. in this case had been lodged with the delay of about three months. For many months before registration of the F.I.R. the prosecutrix had been travelling with the present petitioner from place to place and had been living with him in a big city like Karachi without raising any protest and without attracting the attention of anybody against the alleged excess being committed by the petitioner. The petitioner has raised a defence of Nikah during the investigation of this case and admittedly a suit for jactitation of marriage filed by the prosecutrix against the petitioner is presently pending before a learned Family Court. A challan in this case has already been submitted after completion of investigation vis-a-vis the present petitioner and, thus, his continued physical custody is not likely to serve any beneficial purpose at this stage.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in-the like amount to the satisfaction of the learned trial Court. H.B.T./M-713/L Bail granted.