1988 P Cr (PLP)
SARFRAZ KHAN Applicant Versus THE STATE‑‑Respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Abdul Razzak A. Thahim, J |
| Parties | SARFRAZ KHAN Applicant Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1988 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 1988 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Abdul Razzak A. Thahim, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (SARFRAZ KHAN Applicant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑S. 497‑‑Penal Code (XLV of 1860), S. 506/377/342‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12‑‑Bail, grant of‑‑Sodomy‑‑Delay in lodging of F.I.R.‑‑Act of sodomy allegedly repeated after four days and complainant remained with accused all this time (four days) but had not lodged F.I.R.‑‑Both complainant and his father swearing affidavits that no sodomy was committed‑‑Bail plea, though cannot be considered on affidavits only, yet delay in F.I.R. and affidavits making it a case requiring further enquiry in circumstances‑‑Bail granted. Shahadat Awan for Applicant. Abdul Ghafoor Mangi A . A .‑G for the State.
Judgment & Decree
‑‑S. 497‑‑Penal Code (XLV of 1860), S. 506/377/342‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12‑‑Bail, grant of‑‑Sodomy‑‑Delay in lodging of F.I.R.‑‑Act of sodomy allegedly repeated after four days and complainant remained with accused all this time (four days) but had not lodged F.I.R.‑‑Both complainant and his father swearing affidavits that no sodomy was committed‑‑Bail plea, though cannot be considered on affidavits only, yet delay in F.I.R. and affidavits making it a case requiring further enquiry in circumstances‑‑Bail granted. Shahadat Awan for Applicant. Abdul Ghafoor Mangi A . A .‑G for the State. This is an application for bail on behalf of Sarfraz Khan in a case registered under section 506/377/342, P.P.C. The allegation against applicant is that on 20‑9‑1986 applicant took complainant Saleem Masih to Muhajar Camp in a taxi and committed sodomy. Once again on 24‑9‑1986 he again called him from his house on the pretext of getting him job in P.I.A. He confined him in a room at Cattle Colony where he committed sodomy for four days. It is argued that there is delay in lodging F.I.R., and story given by complainant is improbable. Mr. Abdul Ghafoor Mangi, A.A.‑G. has no objection to the grant of bail. It is alleged that sodomy was committed on 20‑9‑1986 but complainant did not lodge report. He again responded the call of accused on 24‑9‑1986 and accompanied him knowingly that accused had committed sodomy. He was said to have been released after four days but no applications were made and regular case was filed till 9‑10‑1986. Complainant Saleem Masih and his father Waryam Masih have sworn affidavits that no sodomy was committed. However, the bail plea cannot be considered on affidavits only, but from delay in filing F.I.R. and affidavits, I am of the opinion that case requires further enquiry. Applicant is admitted to bail on furnishing one surety in the sum of Rs.30,000 (thirty thousand) and P.R. bond in the like amount to the satisfaction of IIIrd Additional Sessions Judge, (West) Karachi. M.Y.H./S‑133/K Bail allowed.