MLD 2004

2004 PLP 199 (MLD)

Mst. SURAYYA BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No.780‑B of 2003, decided on 21st April, 2003.
Honorable Judges
M.A. Shahid Siddiqui, J
Case Reference Summary (AEO Optimized)
Citation 2004 PLP 199 (MLD)
Forum / Court Lahore
Bench Members M.A. Shahid Siddiqui, J
Parties Mst. SURAYYA BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
Primary Law Criminal Procedure Code (V of 1898)‑‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2004 PLP 199 (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 2004 PLP 199 (MLD)?

The case was heard and decided by the Lahore bench comprising: M.A. Shahid Siddiqui, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2004 PLP 199 (MLD) (Mst. SURAYYA BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)‑‑‑‑

Representation

  • Muhammad Rehman Khokhar for Petitioner.
  • Date of hearing: 21st April, 2003

Headnotes / Summary

‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860), Ss.302/452/148/149‑‑‑Bail, grant of‑‑‑Accused who was empty‑handed, had not caused any injury to any person‑‑‑Accused, being female, otherwise was entitled to concession of bail‑‑‑Accused was admitted to bail. Yousuf Saeed for the State.

Judgment & Decree

‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860), Ss.302/452/148/149‑‑‑Bail, grant of‑‑‑Accused who was empty‑handed, had not caused any injury to any person‑‑‑Accused, being female, otherwise was entitled to concession of bail‑‑‑Accused was admitted to bail. Muhammad Rehman Khokhar for Petitioner. Yousuf Saeed for the State. Date of hearing: 21st April, 2003 Mst. Surayya Bibi is involved in a case under sections 302, 452, 148, 149, P.P.C. alongwith her husband Nazir Ahmad and six others.

2. The prosecution case, in brief, is that on 16‑2‑2002 at about 7‑45 p.m. Ghulam Mustafa, Nazir Ahmad, Murtaza, Sagheer, Naik Muhammad, Abid Hussain, Naziran Bibi and the present petitioner entered the house of Khadim Hussain, the son‑in‑law of Nazir Ahmad (complainant) in order to take possession of the house of Naikh Muhammad accused. Mst. Surayya Bibi, present petitioner, and Naziran Bibi were empty‑handed; while the remaining accused were carrying different type of weapons. Khadim Hussain (P.W.) was allegedly caught hold of by Naik Muhammad and Abid Hussain and subjected to violence, when Muhammad Ashfaq son of Nazir Ahmad (complainant) tried to rescue Khadim Hussain. Ghulam Mustafa (co‑accused) inflected a blow with the butt of his rifle, which landed on the head of Muhammad Ashfaq. Khadim Hussain, Abdul Munaf, Nasser Ahmad and Nazir Ahmad (complainant) also received injuries at the hands of the accused. The allegation against Mst. Surayya Bibi petitioner is that she continued raising Lalkara during the occurrence and instigated his co7accused to kill Muhammad Ashfaq.

3. I have heard the arguments and have perused the record. Mst. Surayya Bibi was empty‑handed. She has not caused any injury to any person. She, being female, is otherwise entitled to the concession or bail. I, therefore, accept this application and order her release on bail subject to furnishing bail bond in the sum of Rupees Fifty Thousand with one surety in the like amount to the satisfaction of the trial Court. H.B.T./S‑742/L Bail granted.