1989 P Cr (PLP)
SALEH‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Sardar Muhammad Dogar, J |
| Parties | SALEH‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Sardar Muhammad Dogar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 P Cr (PLP) (SALEH‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Lai Khan Baloch and Nazir Ahmad Akhtar for Petitioner.
- Date of hearing: 30th May, 1989.
Headnotes / Summary
. ‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18‑‑Bail‑‑First information report revealed that accused dragged complainant from cot and broke string of her Shalwar‑‑Yet there was no specific allegation that accused made any attempt to commit Zina‑‑Co‑accused had already been released on bail‑‑Accused in jail for five and a half months‑‑Challan still pending in Court of Ilaqa Magistrate and had not been sent to Court of Session‑‑Accused admitted to bail in circumstances. Sarda; Munir Ahmad Gill for the State.
Judgment & Decree
Lai Khan Baloch and Nazir Ahmad Akhtar for Petitioner. Sarda; Munir Ahmad Gill for the State. Date of hearing: 30th May, 1989. Petitioner seeks bail in the case registered against him and others under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Mochiwala District Jhang on 2‑11‑1988.
2. According to F.I.R., the petitioner while armed with a gun, accompanied by Mokha, had entered the house of the complainant during night, had dragged her from the cot and had broken the string of her Shalwar while his co‑accused had called out to fire. In the meantime, her children woke up. They raised alarm. Her husband came there. He also raised alarm as a result of which the P.Ws. arrived at the scene and the accused ran away. It is further stated that the petitioner and his co‑accused had pressed upon the complainant to submit for Zina 3/4 days prior to the occurrence but she had abused them. It is further mentioned in the F.I.R. that in the morning when husband of the complainant went to the petitioner and his co‑accused to make a complaint, the four other accused, named in the F.1.R., had quarrelled with him and threatened him that he may do anything that he wishes.
3. The F.I.R. in fact was lodged on a written application of the complainant. Although it is mentioned that the petitioner dragged the complainant from the cot and had broken the string of her Shalwar yet there is no specific allegation that he made any other effort to commit Zina. His co‑accused have already been released on bail. He is in jail for 5‑1/2 months. The challan is still pending in the Court of the Illaqa Magistrate, and has not been sent to the Court of Session till today. In the circumstances, a case for bail appears to have been made out. This petition is, therefore, allowed and the petitioner is directed to be released on bail, I provided he furnishes bail bond in the sum of Rs. fifteen thousand with one surety in the like amount to the satisfaction of the Assistant Commissioner, Jhang. M.Y.H./S‑522/L Bail granted.