1995 PLP 229 (MLD)
RIAZ alias RIAZ AHMAD ‑‑‑ Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1995 PLP 229 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Ausaf Ali Khan, J |
| Parties | RIAZ alias RIAZ AHMAD ‑‑‑ Petitioner Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1995 PLP 229 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 229 (MLD)?
The case was heard and decided by the Lahore bench comprising: Ausaf Ali Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 229 (MLD) (RIAZ alias RIAZ AHMAD ‑‑‑ Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Akhtar Masood Khan for Petitioner.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S.497(2)‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/16‑‑‑Bail, grant of‑‑‑Possibility could not be precluded that the abductee who was sui juris at the relevant time and was also dubbed as accused during investigation might prove her marriage with the accused as valid and lawful in the proceedings already pending in the Court‑‑‑Case against accused, therefore, was one of further inquiry‑‑‑Accused was behind the bars for the last 19 months and investigation was not yet complete‑‑‑Accused was admitted to bail in circumstances. Shahbaz Saeed Sajid for the State.
Judgment & Decree
Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S.497(2)‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/16‑‑‑Bail, grant of‑‑‑Possibility could not be precluded that the abductee who was sui juris at the relevant time and was also dubbed as accused during investigation might prove her marriage with the accused as valid and lawful in the proceedings already pending in the Court‑‑‑Case against accused, therefore, was one of further inquiry‑‑‑Accused was behind the bars for the last 19 months and investigation was not yet complete‑‑‑Accused was admitted to bail in circumstances. Akhtar Masood Khan for Petitioner. Shahbaz Saeed Sajid for the State. After having been refused post‑arrest bail in a case registered against the petitioner under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance NoNII of 1979, he has moved this Court for relief.
2. The allegation against the petitioner is that he alongwith others had enticed away Mst. Zohran, daughter of the complainant. During investigation Mst. Zohran was also dubbed as accused.
3. The defence plea of the petitioner is that he had lawfully married Mst: Zohran on the 13th of August, 1992, long before the registration of the case and her parents have manipulated a forged Nikah Nama on the 29th of August, 1992 showing her marriage with some other person. Mst. Zohran, therefore, had to file a suit for jactitation of marriage which is pending in the Sargodha Court. The possibility is not precluded that she might prove her marriage with the petitioner as valid and lawful, she being sui juris at the relevant time. The case obviously is made out for further enquiry into the guilt of the petitioner. Another factor which influences me to grant bail to the petitioner is that he is behind the bars for the last 19 months and the investigation is not yet complete. I, therefore, accept the petition and admit the petitioner to bail subject to his furnishing' bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner concerned/Duty Magistrate. N.H.Q./R‑155/L Bail allowed.