2007 PLP 372 (YLR)
Mst. SHUMAILA — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 372 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M. Bilal Khan, J |
| Parties | Mst. SHUMAILA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 372 (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 2007 PLP 372 (YLR)?
The case was heard and decided by the Lahore bench comprising: M. Bilal Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 372 (YLR) (Mst. SHUMAILA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Imtiaz Mahl for Petitioner.
- Khawar Mahmood for Petitioner (in Criminal Miscellaneous No.4334-B of 2005).
Headnotes / Summary
S. 497(2)
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.13 & 14
F.I.R. had itself revealed that only allegation against accused was that they were standing outside the house of ' woman who allegedly was running a brothel house and nothing beyond that
Record had also revealed that at present no worthwhile material was available to connect accused with the commission of alleged offences
Case of accused, in view of prima facie dubious allegations in the F.I.R. had become one of further inquiry within the meaning of subsection (2) of S.497, Cr. P. C.
Accused were allowed bail, in circumstances. Malik Muhammad Arif Bara for the State. Muhammad Akram, A.S.-I., P.S. Urban Area, Sargodha with Police File.
Judgment & Decree
M. BILAL KHAN, J.
Mst. Shumaila daughter of Muhammad Yousaf, petitioner by filing Criminal Miscellaneous No.3947-B of 2005 and Mst. Kaneez wife of Gulzar and Mst. Parveen wife of Sher by filing Criminal Miscellaneous No.4334-B of 2005 seek their post-arrest bail in case F.I.R. No.147 dated 2-5-2005, registered at Police Station Urban Area, Sargodha for offences under section 13/14 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979 at the instance of Abdul Latif Khan, S.I. of the said Police Station.
2. Briefly the case of the prosecution as it unfolded in the F.I.R. was that the complainant, on receipt of the information laid before him by one Sufi Irshad Ahmad that Mst. Sakina Bibi was running a brothel house and she had invited six females and six males for immoral purpose, had raided her house and apprehended thirteen persons, six females and seven males, named in the F.I.R. inclusive of the petitioners, who were standing nearby the front door of her house.
3. The petitioners' plea for post-arrest bail did not find favour with the learned Additional Sessions Judge, Sargodha, who turned down the same vide order dated 11-5-2005. Hence, this petition.
4. I have heard the learned counsel for both the sides and have also gone through the record brought by Muhammad Akram, A.S.-I., Police Station Urban Area, Sargodha.
5. Perusal of the F.I.R. itself reveals that the only allegation against the petitioners was that they were standing outside the house of Mst. Sakina Bibi and nothing beyond that. The record also reveals that at present there is no worthwhile material available to connect them with the commission of the alleged offences. In view of the prima facie dubious allegations in the F.I.R., case of the petitioners becomes one of further inquiry within the meaning of sub-section (2) of section 497, Cr.P.C.
6. Resultantly, these petitions are' allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs.10,000 (Rupees ten thousand) each with one surety each in the like amount to the satisfaction of the learned trial Court. H.B.T./S-86/L Bail granted.