2017 P Cr (PLP)
NOOR AFZAL — Petitioner Versus STATE and others — Respondents
| Citation | 2017 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NOOR AFZAL — Petitioner Versus STATE and others — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 P Cr (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 P Cr (PLP) (NOOR AFZAL — Petitioner Versus STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Shamrez Nasir Sivia for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S. 376(ii)
Abduction and selling of women, rape
Accused and his co-accused accomplices allegedly operated a gang which abducted and sold women
Victim was recovered by the intervention of the High Court
Victim was being held as chattel and was sold from one hand to anther
Accused was a member of a criminal ring
Offence alleged prima facie fell within the prohibitory clause of S. 497, Cr.P.C.
High Court observed that Islam attributed esteemed respect to women as far as their rights were concerned
Bail was refused accordingly.
S. 497
Mere old age of accused was no ground to allow him bail.
Judgment & Decree
MAZHAR IQBAL SIDHU, J.
Qammer Shehnaz, the victim was abducted to sexually abused by the petitioner and his accomplices. Partway investigation, offence under section 376(ii), P.P.C. was also added to the FIR.
2. Learned counsel for the petitioner has argued that Noor Afzal petitioner is sexagenarian and the victim has already been recovered; qua him investigation is complete and now to keep him behind the bars would not be lucrative to the prosecution case, therefore, instant petition may be allowed.
3. Learned DPG assisted by learned counsel for the complainant has opposed the submissions feverishly.
4. Tripartite arguments heard. Record perused.
5. The order sheet of this petition is very relevant to dispose of instant application. Petitioner and his co-accused were functioning as gang of abducting and selling the women. By the intervention of this court, the victim was recovered from District Sherani, the Province of Balochistan and police case diaries depict that the victim was being held as chattel by selling her from one hand to another, oh' a pity. The petitioner is a member of vice-ring. Islam attributes esteemed respect to women and so far their rights are concerned, they have also been made share-holders in the properties/bequests of their parents as well as husbands, the offence alleged prima facie falls within the prohibitory clause of section 497, Cr.P.C. Mere old age is no ground to allow this petition, therefore, no case for the grant of post arrest bail is made out in favour of the petitioner. Thus, the instant petition stands dismissed. MWA/N-40/L Bail refused.