2007 PLP 1071 (MLD)
Mst. GHULAM FATIMA alias MALKANI — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 1071 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Syed Sakhi Hussain Bokhari, J |
| Parties | Mst. GHULAM FATIMA alias MALKANI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1071 (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 2007 PLP 1071 (MLD)?
The case was heard and decided by the Lahore bench comprising: Syed Sakhi Hussain Bokhari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1071 (MLD) (Mst. GHULAM FATIMA alias MALKANI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Chohan for Petitioner.
Headnotes / Summary
S. 497 [as amended by Criminal Law (Amendment) Ordinance (XIII of 2006)], S.2
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10, 11, 13 & 16--Bail, grant of
Accused was a woman and according to amended S.497, Cr.P.C. offence was bailable
Prosecution story did not sound to be natural as according to F.I.R. co-accused was maternal uncle of victim girl
Unexplained delay of 13 months in lodging F.I.R., had made prosecution story doubtful
Accused was an old lady of about 70 years
Case being fit for concession of bail, accused was granted bail. Ch. Muhammad Suleman Addl. A.G for the State.
Judgment & Decree
SYED SAKHI HUSSAIN BOKHARI, J.
The petitioner has applied for post-arrest bail in case F.I.R. No. 166 of 2006, dated 24-6-2006 under sections 10, 11, 13 and 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979, registered at Police Station City; Jhang.
2. As per F.I.R. 13 months before registration of case Muhammad Akram Muhammad Azam, Siraj, Muhammad Hayat, Abid, Muhammad Yar, Sarwar and Mst. Ghulam Fatima (petitioner) took away Mst. Sara Bibi (complainant's daughter) from the house of complainant for committing Zina with her. The case was registered at the instance of Muhammad Ali on 24-6-2006 and petitioner was accordingly arrested in this case. Hence this bail application.
3. I have heard the arguments and perused the record.
4. Learned counsel for the petitioner submits that petitioner is a woman and according to section 2 of Ordinance XIII of 2006, offence is bailable. Further submits that prosecution story does not sound to be natural as according to F.I.R. Muhammad Akram son of Sher Muhammad (co-accused) is maternal uncle of Mst. Sara Bibi. He contended that there is delay of 13 months in lodging the F.I.R. and the same has not been explained by the complainant, which makes the prosecution story doubtful, therefore, petitioner deserves concession of bail. Learned Additional Advocate-General frankly concedes that according to section 2 of Ordinance XIII of 2006 offence is bailable. There is unexplained delay of 13 months in lodging the F.I.R. and petitioner is entitled to get benefit of the same. According to F.I.R. Muhammad Akram Son of Sher Muhammad (accused) is maternal uncle of Mst. Sara Bibi. The petitioner is a woman and according to learned counsel for the petitioner, she is aged about 70 years. In these circumstances if find it a fit case for grant of bail of the petitioner. As such application brought by her is accepted and she is allowed bail subject of furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of learned Trial Court. H.B.T./G-28/L Bail granted.