1993 P Cr (PLP)
MUHAMMAD AFZAL — Petitioner Versus NAZAR MUHAMMAD and others — Respondents
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD AFZAL — Petitioner Versus NAZAR MUHAMMAD and others — Respondents |
Q1: What are the key laws and sections cited in 1993 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 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: 1993 P Cr (PLP) (MUHAMMAD AFZAL — Petitioner Versus NAZAR MUHAMMAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Kareem-ud-Din Khilji for Petitioner.
- Mian Ashfaq Ahmad for Respondents Nos.l and 2.
Headnotes / Summary
S. 497(5)
Offence of Zina (Enforcement of Hudood) Ordinance (VU of 1979). S.10
The very basis for the alleged development of illicit relations between the accused was prima facie not available and High Court in a quashment petition had already directed the Trial Court to dispose of application of the accused under S.265-K, Cr.P.C.
Judgment & Decree
S. 497(5)
Offence of Zina (Enforcement of Hudood) Ordinance (VU of 1979). S.10
The very basis for the alleged development of illicit relations between the accused was prima facie not available and High Court in a quashment petition had already directed the Trial Court to dispose of application of the accused under S.265-K, Cr.P.C.
Bail allowed to accused was not cancelled in circumstances. Kareem-ud-Din Khilji for Petitioner. Mian Ashfaq Ahmad for Respondents Nos.l and
2. Mrs. Tahira Bokhari for the State. Through this application petitioner seeks cancellation of bail granted to respondent No.2 by this Court in Criminal Miscellaneous No.1691/B of 1992 on 23-12-1992 and to respondent No.1 by learned Additional Sessions Judge, Multan through order, dated 26-12-1992. The allegation against respondents Nos.l and 2 was that they had illicit relations whereas Nazar Muhammad respondent No.1 was already married to one Maryam. Maryam filed suit for jactitation of marriage against respondent No.1 alleging that he having divorced her could not claim to be her husband. This suit was decreed by the learned Judge, Family Court. Against the said decree, the petitioner alongwith others filed an application for setting it aside which has been dismissed against which order an appeal filed by the petitioner and others was also dismissed in default. Application for restoration of the said appeal is pending before the appellate Court.
2. The bail was granted to respondent No.2 by this Court on the ground that Maryam had obtained decree for jactitation of marriage therefore the very basis that the respondent had developed illicit relations during the continuation of respondent No.1's marriage with Maryam was prima facie not available. No ground has been made out for cancellation of bail granted to the respondents Nos.1 and 2 particularly in view of the fact that this Court in Criminal Miscellaneous No.127/Q of 1992 has directed the trial Court to dispose of application of the respondents/accused persons under section 265-1C, Cr.P.C. Dismissed. N.H.Q./M-944/L Petition dismissed.