2007 P Cr (PLP)
MUHAMMAD AMIR HUSSAIN — Petitioner Versus THE STATE — Respondent
| Citation | 2007 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD AMIR HUSSAIN — 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) (MUHAMMAD AMIR HUSSAIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana A.D. Kamran for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.365, 363, 343, 148 & 149
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10
Further' inquiry
Delay of 8 days was caused in lodging F.I.R.
Accused was behind the bars since his arrest and there was no likelihood of commencement of the trial in near future as only incomplete challan had so far been submitted
Accused was allegedly armed with .12 bore gun at the time of alleged occurrence, but same was not recovered from him and even there was no allegation that he had used same
One of alleged abductees had not levelled any allegation of Zina against accused, but she had levelled allegation of Zina against co-accused who was still absconding
Complainant in his affidavit placed on record had declared accused innocent and he had no objection if accused was enlarged on bail
No motive was attributed to accused
Case of accused falling within the ambit of further inquiry, he was admitted to bail, in circumstances.
Judgment & Decree
NAZIR AHMAD SIDDIQUI, J.
Petitioner seeks post-arrest bail in a case registered vide F.I.R. No.279 of 2004, dated 10-7-2004 under sections 365/363/343/148/149, P.P.C. and section 10 of Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979, at Police Station Luddan District Vehari.
2. As per F.I.R. the accused named therein armed with the respective weapons abducted the, complainant as well as his family members from his house and locked them in a room situated in Khairpur Tamewali. Later on section 10 (ibid) has been added on the statement of Mst. Irshad Bibi, one of the alleged abductees.
3. Arguments heard. Record perused.
4. There is a delay of 8 days in lodging the F.I.R.; that the petitioner is behind the bars since 29-12-2004 and there is no likelihood of commencement of the trial in near future as only incomplete challan has so far been submitted; that the petitioner was allegedly armed with .12 bore gun at the time of alleged occurrence .but the same was not recovered from him and even there is no allegation that he had used the same, that Mst. Irshad Bibi one of the alleged abductees had not levelled any allegation of Zina against the petitioner rather it was stated by her that:- She has levelled the allegation of Zina against the co-accused Rabnawaz who is still absconding; that as per affidavit of the complainant also placed on this file, he found the petitioner innocent after having been satisfied with a plea of innocence and it has also been stated in the said affidavit that he has no objection if the petitioner is enlarged on bail; that no motive has been attributed to the petitioner.
5. All the above factors taken together bring the case of the petitioner within the ambit of further inquiry hence, this petition is allowed by admitting the petitioner to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rs. one lac) with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./M-299/L Bail granted.