2000 PCr (PLP)
Mst. KALSOOM and 2 others_____Petitioners Versus THE STATE — Respondent
| Citation | 2000 PCr (PLP) |
| Forum / Court | LAHORE |
| Bench Members | N/A |
| Parties | Mst. KALSOOM and 2 others_____Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2000 PCr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PCr (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: 2000 PCr (PLP) (Mst. KALSOOM and 2 others_____Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S. 498
Offence of Zina (Enforcement of Hudood0 Ordinance (VII of 1979) s. 16 Pre-arrest bail
Accused had not approached Sessions Court for grant of pre-arrest bail and had not furnished any reasonable explanation for not doing so No justification was available for entertaining the petition for pre-arrest bail directly in the High Court without approaching the Court of first instance No valid justification for not moving the Sessions Court in the matter having been shown the petition was dismissed in limine.
Judgment & Decree
S. 498
Offence of Zina (Enforcement of Hudood0 Ordinance (VII of 1979) s. 16 Pre-arrest bail
Accused had not approached Sessions Court for grant of pre-arrest bail and had not furnished any reasonable explanation for not doing so No justification was available for entertaining the petition for pre-arrest bail directly in the High Court without approaching the Court of first instance No valid justification for not moving the Sessions Court in the matter having been shown the petition was dismissed in limine. Malik Muhammad Ali and Syed Asif Raza Gillani for Petitioenrs, Khadim Nadeem Malik Addl. A.G. for the State Malik Muhammad Shabbir Langrial for the Complainant. Petitioner seek pre‑arrest bail in case registered vide F.I.R,. No. 111 of 1999 at Police Station Jatoi, District Muzaffargarh, under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The brief facts of the case are that complainant Allah Bachaya submitted an. application to the S.H.O. for registration of case against petitioners Nos.2, 3 and others for abduction of his daughter Mst. Kalsoom petitioner No.l during the night of 1‑3‑1999, It is alleged in the F.I.R. that petitioners Nos.2 and 3 alongwith others came in the house of the complainant with sweets which was distributed among the members of his family. After eating the sweets some of the members of the family of the complainant became unconscious.. At about 4‑00 a.m. when he gained senses found his daughter Mst. Kalsoom petitioner No.1 and his grandson Muhammad Irfan missing from the house. He suspected the accused named in the F.1.R., went to their house which was found locked and accused missing. P.Ws. told complainant that they saw Mst. Kalsoom and Muhammad lrfan at Wagon Adda in the company of the accused. When the accused were, contacted they have been promising to return Mst. Kalsoom and Muhammad Irfan but subsequently they declined whereafter the complainant got case registered on 5‑3‑199.9.
3. Petitioners have not approached the learned Sessions Judge for the grant of pre‑arrest bail, the Court of first instance. There is no justification to entertain this petition directly without approaching the Court of original jurisdiction..‑ No reasonable explanation has been furnished for not approaching the learned Sessions Judge for pre‑arrest bail.
4. I am not inclined to go into the merits of the case as no valid justification for not approaching the learned Sessions Judge has been shown. This petition is accordingly dismissed in limine. N.H.Q./K‑14/L Petition dismissed.