2005 PLP 2150(1) (YLR)
KHURRAM — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 2150(1) (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif, J |
| Parties | KHURRAM — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 2150(1) (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 2005 PLP 2150(1) (YLR)?
The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 2150(1) (YLR) (KHURRAM — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Zulfiqar Ali for Petitioner.
Headnotes / Summary
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10/16
Bail, refusal of-Accused though was not an adult, but perusal of F.I.R. had shown that he and his co-accused had indulged in great high-handedness in a broad-daylight
To grant bail in offences not punishable with death or imprisonment for life or 10 years was a rule, but there were some exceptional circumstances in the present case for refusal of bail to accused
High Court declined to exercise discretion in favour of accused. Zafar Iqbal Chowhan for the State.
Judgment & Decree
It is contended by the learned counsel for the petitioner that case against the petitioner is totally false, that actually Zina has not taken place, that petitioner is not an adult, that maximum sentence which can be awarded to the petitioner is five years and that case is of further inquiry falling under subsection (2) of section 497, Cr.P.C.
2. On the other hand, learned counsel for the complainant submits that petitioner was 17 years and nine months of age at the time of occurrence, that he along with two co-accused forcibly abducted the victim Humara Zafar, took her into the Baithak of Shahbaz accused, put off her Shalwar, tried to commit Zina with her and in that process clothes of the victim were torn and on hue and cry her uncle and other witnesses came there, on which accused ran away from the spot.
3. I have heard learned counsel for the parties. It may be correct that accused is not an adult but the perusal of the F.I.R. shows that great high-handedness in a broad-daylight has been done by the petitioner and his co-accused. To grant bail in offences not punishable with death or imprisonment for life of 10 years is a rule but there are some exceptional circumstances for the refusal of bail to the petitioner, which are present in this case. I am not inclined to grant this discretion in favour of the petitioner. No ground. Dismissed. H.B.T./K-104/L Application dismissed.