1987 PLP 1809 (MLD)
IQBAL and another — Petitioners Versus THE STATE — Respondent
| Citation | 1987 PLP 1809 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Rafiq Tarar, J |
| Parties | IQBAL 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 1809 (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 1809 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Rafiq Tarar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1809 (MLD) (IQBAL and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khizar Abbas Khan for Petitioners.
Headnotes / Summary
S.497--Penal Code (XLV of 1860), S.452--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18--Bail, grant of--Offence prima facie falling under Ss.354 & 452, P.P.C.--Offence under S.354 being bailable and other not falling under prohibitory clause, bail granted to petitioners. Bashir Baig for the State. Muhammad Iqbal Sargana for the Complainant.
Judgment & Decree
Iqbal and Manno petitioners have moved this petition for bail in a case registered against them under section 452 PPC and Article 18 of Ordinance VII of 1979.
2. The prosecution version is that on 9-4-1987 both the petitioners trespassed into the house of Faqir Muhammad complainant, outraged the modesty of his wife Mst.Kaneez and dragged her towards the wheat field with intent to commit Zina-bil-Jabr with her. Faqir Muhammad complainant, Noor Muhammad and Muhammad Iqbal saw the petitioners dragging her towards the said field.
3. Learned counsel for the petitioners contends that the case is absolutely false and if the petitioners wanted to commit Zina with Mst. Kaneez, there was no better place for that purpose than the house of the complainant where she was all alone. He further submits that the FIR is delayed by 26 hours, and this case was brought as a defence to the abduction of Mst. Parveen by Ahmad Nawaz, brother of Faqir Muhammad complainant. Learned counsel for the complainant has opposed the prayer for bail. He submits that it is a case of sheer highhandedness and the petitioners are not entitled to the grant of bail.
4. I have considered the submissions made by the learned counsel for the parties. The allegations, prima facie, show the commission o offences under sections 354 and 452 of the PPC. Offence under section 354 PPC is bailable and offence under section 452 PPC does not for in the prohibitory clause of section 497 of the Cr.P.C. I, therefore, admit the petitioners to bail in the sum of Rs.20,000 each with two sureties each in the like amount to the satisfaction of A. C . Shorkot. S.A./I-29/L Bail granted