2007 P Cr (PLP)
Mst. WALLAN alias MARIYA — Petitioner Versus THE STATE — Respondent
| Citation | 2007 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. WALLAN alias MARIYA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 P Cr (PLP) (Mst. WALLAN alias MARIYA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Zafar Khan Sial for Petitioner.
Headnotes / Summary
Ss. 497(1), proviso & 498
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10(2) & 16-Penal Code (XLV of 1860), Ss.467, 468 & 471
Ad interim pre-arrest bail, confirmation of
Accused girl who was major, owned her marriage with alleged abductor, which had belied allegation of abduction levelled in F.I.R.
Petitioner had placed on record certificate issued by Nazim, Arbitration Council, which had revealed that accused earlier was married with one who sent notice to divorce and thereafter divorce was declared to be effective
Case of petitioner/accused fell within the proviso to subsection (1) of S.497, Cr.P.C.
Ad interim pre-arrest bail already granted to accused, was confirmed on the same terms and conditions.
Judgment & Decree
MUHAMMAD FARRUKH MAHMUD, J.
Mst. Wallan alias Mariya has sought pre-arrest bail in case F.I.R. No.45 registered at Police Station Kameer on 11-2-2006 for offences under sections 16/10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, read with offences under sections 467/468/471, P.P.C.
2. According to. F.I.R. Mst. Wallan alias Mariya daughter of the complainant is literate lady and had missed her 8th Class Examination, Mushtaq Ahmad neighbour of the complainant called Mst. Wallan in his house on the pretext that he would get her employed as Lady Health Worker, provided she obtained certificate from the school. When Mst. Wallan petitioner went to the school in order to obtain certificate, she was abducted by Mushtaq Ahmad and Noor Ali. After attempting in vain to get his daughter back, the complainant reported the matter to the police.
3. Learned counsel for the petitioner has submitted that the petitioner has contracted marriage with Noor Ali with her free consent and, thus, committed no offence. He has relied upon attested copy of Nikahnama Annexure "B" to the petition. Conversely, the learned counsel appearing on behalf of the complainant has vehemently opposed this application and has pointed out that in Nikahnama Annexure "B", the petitioner has shown herself to be a divorcee, while her earlier Nikah with Bashir Ahmad was still in existence and that during the subsistence of earlier Nikah, the later Nikah had no validity.
4. I have heard the learned counsel for the parties and have also gone through the relevant record of the case.
5. Undeniably the petitioner is a major and owns her marriage with Noor Ali, which belies the allegation of abduction levelled in the F.I.R. The learned counsel for the petitioner has placed on record certificate issued by Nazim, Arbitration Council, Union Council No.31, Headquarter Chak No.114/9-L, Sahiwal, which reveals that the petitioner was earlier married with one Muhammad Ali son of Shahmand A Ali, who sent notice to divorce which was by the concerned Union Council on 13-3-2004. Thereafter, the divorce was declared to be effective. The case of the petitioner falls within the proviso to subsection (1) of section 497, Cr.P.C. In the above-noted circumstances, I am inclined to confirm the ad interim pre-arrest bail granted to the petitioner vide order, dated 3-3-2006 on the same terms and conditions.
6. At this juncture, Noor Ali has put in appearance and volunteered to enhance the amount of dower from Rs.500 to Rs.5,00,
000. The dower would be deferred one.
7. A copy of this order would be sent to Nikah Registrar concerned, who would enter the enhanced amount in the relevant column. H.B.T./W-23/L Bail confirmed.