1989 PLP 4678 (MLD)
Hafiz MAQBOOL AHMAD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1989 PLP 4678 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Riaz Ahmad, J |
| Parties | Hafiz MAQBOOL AHMAD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 4678 (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 1989 PLP 4678 (MLD)?
The case was heard and decided by the Lahore bench comprising: Riaz Ahmad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4678 (MLD) (Hafiz MAQBOOL AHMAD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Masood Akhter for Petitioner.
- Date of hearing: 17th June, 1989.
Headnotes / Summary
‑‑‑S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 16‑‑Bail, grant of‑‑Accused turned out his wife from the house and pronounced talaq‑‑Talaq was later revoked by accused‑‑Complainant alleged that talaq had become final‑‑Question of finality of talaq needed further inquiry‑‑Bail allowed in circumstances. Muhammad Arshad Khan for the State.
Judgment & Decree
Ch. Masood Akhter for Petitioner. Muhammad Arshad Khan for the State. Date of hearing: 17th June, 1989. The petitioner is accused of the commission of offence under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979.
2. The allegation in the F.I.R. lodged by the complainant Nawab Din, father of Mst. Shahnaz (deceased) is that Mst. Shahnaz (deceased) was married to Maqbool Ahmad, 8/9 years before the occurrence and no issue was born out of the wedlock. The petitioner Maqbool Ahmad had allegedly turned her out and had also received all the ornaments. It was alleged that on 13th August, 1988, the petitioner divorced Mst. Shahnaz and the complainant Nawab Din, the father of Mst. Shahnaz was waiting for the expiry of Iddat period for the remarriage of Mst. Shahnaz, when, in the meanwhile on 20th August,1988, a week of the pronouncement of talaq, the petitioner came to the village and through Mst. Khurshid, met Mst. Shahnaz and took her along with him to Sharaqpur. In Sharqpur, it is alleged that the petitioner was seen lying on the cot with Mst. Shahnaz, which act, according to the complainant, amounted to Zina.
3. The petitioner claimed that he had obtained a Fatwa and he can revoke the talaq. The complainant also obtained a Fatwa and alleged that talaq had become final and thereafter, the petitioner could not have any sexual intercourse with Mst. Shahnaz, and if he did so, then it amounted to Zina. On the basis of this allegation, a case was registered against the petitioner. In the meanwhile, Mst. Shahnaz was murdered by her parents.
4. Considering the case from all angles, in my view, the question of talaq becoming absolute or otherwise, is a matter of further enquiry and I need not comment upon the merits at this stage, lest it may prejudice either side. Therefore, I direct that the petitioner shall be released on bail provided he furnishes security in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of A.C/Duty Magistrate, Sheikhupura. S.A./M‑1631/L Bail allowed.