2005 PLP 2532 (YLR)
REHMAT ALI — Petitioner Versus THE STATE — Respondents
| Citation | 2005 PLP 2532 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Rustam Ali Malik, J |
| Parties | REHMAT ALI — Petitioner Versus THE STATE — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 2532 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 2532 (YLR)?
The case was heard and decided by the Lahore bench comprising: Rustam Ali Malik, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 2532 (YLR) (REHMAT ALI — Petitioner Versus THE STATE — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Karamat Ali Naqvi and Umer Farooq for Petitioner.
- Date of hearing: 24th February, 2005.
Headnotes / Summary
S. 497(2)
Offence of Zina, (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 16
Bail, grant of --Further inquiry--Alleged abductee 'who was recovered was a married lady
Inordinate delay of about one month was taken in lodging F.I.R. and no sufficient explanation about said delay had been offered
Case against accused seemed to be a case of elopement, rather than of abduction and was thai of further enquiry into the guilt of accused
Accused, in circumstances was entitled to bail. Malik Riaz Khalid for the State.
Judgment & Decree
The petitioner seeks bail after arrest in case FIR. No.278 of 2004 registered on 7-8-2004 in Police Station, City Narowal under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The F.I.R. was lodged by Mst. Khatoon Bibi complainant regarding abduction of her daughter-in-law Mst. Sarwari Bibi on 8-7-2004 by the accused. She also alleged that the accused had let off her daughter-in-law on 29-7-2004 and who had then told her that the accused had been committing Zina-bil-Jabr with her.
3. Arguments have been heard and record perused.
4. At the time of argument, it was pointed out by the learned counsel for the petitioner that although the alleged abductee was recovered on 29-7-2004, he was medically examined on 7-8-2004; that she is a married lady; that there also appears to be inordinate delay in lodging the F.I.R. that the occurrence had taken place on 8-7-2004 while the matter was reported to the police a month later on 7-8-2004, that sufficient explanation about the delay has not been offered; that on the face of it, it seems to be a case, of elopement, rather than of abduction. But without undertaking deeper appreciation of evidence and which is not permissible at the bail stage, it is clearly a case of further enquiry into the guilt of the petitioner and he is thus entitled to the concession of bail. Therefore, this bail application is accepted and the petitioner namely Rehmat Ali is admitted to bail in the sum of Rs.50,000 with two sureties in the like amount, to the satisfaction of the learned trial Court. H.B.T./R-140/L?????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.