2017 PLP 308 (YLRN)
ZAFAR HUSSAIN — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 308 (YLRN) |
| Forum / Court | Lahore (Multan Bench) |
| Bench Members | Asjad Javaid Ghural, J |
| Parties | ZAFAR HUSSAIN — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 308 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 308 (YLRN)?
The case was heard and decided by the Lahore (Multan Bench) bench comprising: Asjad Javaid Ghural, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 308 (YLRN) (ZAFAR HUSSAIN — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Prince Rehan Iftikhar Sheikh for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 496-A & 376-I
Rape, enticing or taking away or detaining with criminal intent a woman
Complainant/victim appeared before the Court and stated that she had earlier filed a Writ Petition and stated therein that she was legally wedded wife of accused and case was registered without her consent
Complainant contended to associate her to get her statement recorded during investigation to which a direction was issued to Station House Officer of concerned police station to record the version of complainant
Complainant present before the Court had tendered an affidavit with the assertion that she is legally wedded wife of accused and no one had abducted her
Complainant alleges that an amount of Rs. 3,00,000/- was demanded by her brothers from accused, on his denial they got kidnapped her and got registered a criminal case by posing her a complainant
Complainant was admitted to Darul Aman, however, she clarified that she had neither been abducted by accused nor committed Zina (adultery) with her and she had no objection in case accused was admitted to post-arrest bail
In view of statement and affidavit sworn by complainant/victim case of accused came within ambit of further inquiry
Bail was granted accordingly. [Para. 4 of the judgment] Mian Zahid Hassan Chishti for the Complainant.
Judgment & Decree
ASJAD JAVAID GHURAL, J.
Through this petition, Zafar Hussain, petitioner has sought his post-arrest bail in case FIR No. 283/2016 dated 19.07.2016, in respect of offence under sections 496-A, 376-1, P.P.C. registered at Police Station, Khangarh, District Muzaffargarh.
2. Allegedly the complainant/victim Mst. Mansab Mai was abducted by Shabbir and two unknown persons, who detained her and committed Zina-bil-jabr for about more than one month and thereafter, she was sold out to the petitioner, who detained her and had been committing Zina-bil-jabr with her. Hence this case was registered.
3. Heard. Record perused.
4. At the very outset the complainant/victim appeared before the Court and stated that she had earlier filed a Writ Petition No.18466-Q-2016 and stated there in that she is legally wedded wife of the petitioner and the case was registered without her consent. She prayed to associate her to get her statement recorded during investigation to which vide order dated 26.12.2016 a direction was issued to SHO concerned to record the version of the complainant. The complainant present before the Court has tendered an affidavit "Mark-A" with the assertion that she is legally wedded wife of the petitioner and no one has abducted her. She alleges that an amount of Rs.3,00,000/- was demanded by her brothers from the petitioner on his denial they got kidnaped her and got registered a criminal case by posing her a complainant. On 13.01.2017, she admitted in Darul Aman, however, she clarifies that she had neither been abducted by the petitioner nor committed Zina with her. She has no objection in case the petitioner is admitted to post-arrest bail. In view of the statement and affidavit sworn by the complainant/victim the case of the petitioner comes within the ambit of further inquiry.
5. In the light of affidavit tendered by the complainant/victim this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs.1,00,000/- (rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the Trial Court. WA/Z-8/L Bail granted.