2001 P Cr (PLP)
Criminal Bail Application No. 99 of 2000
| Citation | 2001 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | Criminal Bail Application No. 99 of 2000 |
Q1: What are the key laws and sections cited in 2001 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 P Cr (PLP) (Criminal Bail Application No. 99 of 2000). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Dost Muhammad Khan for Petitioners.
Headnotes / Summary
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.5/11/16
Validity of earlier Nikah between the lady accused and the complainant being sub judice before the Family Court, case against accused was one of further inquiry till its decision and they deserved to be enlarged on bail
Judgment & Decree
Muhammad Khan for the State. Muhammad Karim Anjum for the Complainant. Date of hearing: 11th September, 2000. Mst. Salma and Mamoor Khan, herein petitioners, have filed this petition for their release on bail in case F.I.R. No. 171, dated 30-9-1999, under sections 5, 11 and 16 of Offences of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Ghaznikhel, as the Courts below have declined the same relief.
2. Brief facts of the case are that on 30-9-1999, one Inshaullah Khan, lodged a report to the effect that he contracted marriage with Mst. Salina seven days earlier and after three days of the marriage, she went to her parents house but today he came to know that Mamoor khan with the help of Abdul Qayyum Khan enticed his wife in order to commit Zina with her. Accordingly, the above referred criminal case was registered against them
3. The learned counsel for the petitioner contended that the petitioners being sui juris have contracted valid Nikah with each other. He referred to the statement of Maulana Muhammad Nawaz dated 1-10-1999, recorded under section 161, Cr.P.C. and also before the Family Court, wherein he stated that he performed Nikah twice in respect of Mst. Salina and Inshaullah Khan, which in normal circumstances, is not at all possible. Further submitted that petitioner No. 1, after gaining knowledge about alleged claim of respondent No. 2, filed a suit for jactitation of marriage in the Family Court while respondent No. 2 filed suit for the restitution of conjugal rights. On the other hand, the learned counsel for the complainant/respondent submitted that in the presence of earlier Nikah having been performed between respondent No. 2 and petitioner No. 1 Mst. Salma Bibi, second Nikah allegedly performed by petitioners has no validity and sanctity in the eye of law and as such they have committed the offence charged with. Hence, their plea for bail be rejected on this count alone.
5. Resultantly, petitioners are admitted to bail in the sum of Rs. 2 lacs each, with two sureties, each in the like amount, to the satisfaction of the 8 Illaqa/Duty Magistrate who shall see that the sureties are local, reliable and men of means. N.H.Q./170/P ???????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.