1989 PLP 643 (MLD)
MURAD‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 643 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Rafiq Tarar, J |
| Parties | MURAD‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 643 (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 1989 PLP 643 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Rafiq Tarar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 643 (MLD) (MURAD‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Muhammad Saqlain Jafri for Petitioner.
Headnotes / Summary
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11‑‑Bail, grant of‑‑Nikahnama placed on record‑‑Accused remaining in jail for about 10 months‑‑Challan submitted in Court but trial not commenced‑ Bail allowed in circumstances. Arshad Khan for the State.
Judgment & Decree
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11‑‑Bail, grant of‑‑Nikahnama placed on record‑‑Accused remaining in jail for about 10 months‑‑Challan submitted in Court but trial not commenced‑ Bail allowed in circumstances. Syed Muhammad Saqlain Jafri for Petitioner. Arshad Khan for the State. This is a petition for bail on behalf of Murad petitioner, who is involved in a case .finder sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The case was registered on 30‑4‑1987 on the basis of a written complaint made by Noor Ahmad wherein he alleged that twenty‑one days back Murad petitioner and his brother Bilal forcibly abducted his daughter Mst. Nasreen Kausar in a rickshaw. On 16‑6‑1987 Mst. Nasreen Kausar made a statement under section 164, Cr.P.C. wherein she alleged that after abducting her Murad petitioner took her to Sadiqabad and kept her there for one month. Then he took her to Karachi from where one Nawaz brought her and Murad petitioner to Lahore and kept her in a bungalow. She further alleged that the petitioner had been committing Zina‑bil‑Jabr with her at Karachi and Sadiqabad.
3. Learned counsel for the petitioner contends that Mst. Nasreen Kausar entered into a marriage contract with the petitioner of her own free will. He submits that complete silence on her part during journey from Lahore to Sadiqabad and then to Karachi clearly indicates that she was a consenting party to the Nikah, A copy of the Nikahhama has been placed on the file. Learned counsel further submits that the petitioner is in jail for the last ten months and despite the submission of challan in Court the trial has not so far commence. Learned State counsel has opposed the prayer for bail.
4. I would not like to make any comments on the genuineness or otherwise of the Nikahnama lest it may prejudice the case of either party. The petitioner was arrested on 16‑6-1987. and is in jail since then. The challan has been submitted in Court, but the trial has not commenced so far. In the circumstances, I admit him to bail in the sum of Rs.25 000 with two sureties in the like amount to' the satisfaction of A.C. Model Town, Lahore. S.A./M‑1696/L Bail allowed.