1993 P Cr (PLP)
MUHAMMAD SHARIF — Petitioner Versus THE STATE — Respondent
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD SHARIF — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1993 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 1993 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: 1993 P Cr (PLP) (MUHAMMAD SHARIF — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Aziz Khan Niazi for Petitioner.
Headnotes / Summary
S. 497(2)
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 16
Both the complainant and the accused claimed the abductee to be their wife and counter-cases had been registered by them against each other for having forcibly taken her away-- Accused's case, thus, fell under S.497(2), Cr.P.C. and he was released on bail accordingly.
Judgment & Decree
Criminal Procedure Code (V of 1898)
S. 497(2)
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 16
Both the complainant and the accused claimed the abductee to be their wife and counter-cases had been registered by them against each other for having forcibly taken her away-- Accused's case, thus, fell under S.497(2), Cr.P.C. and he was released on bail accordingly. Abdul Aziz Khan Niazi for Petitioner. Nafees Ahmed Ansari, AA.-G. for the State. Date of hearing: 8th July, 1989. The petitioner Muhammad Sharif alongwith six others, including Mst. Hasina, is accused of offences under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Mst. Hasina was the wife of Muhammad Ashiq, complainant. The prosecution case, which was registered on 6-3-1989, is that she was taken away by the accused persons in February, 1988. Later, the complainant learnt that Mst. Hasina had obtained ex parte decree for dissolution of marriage on 30-10-1986 and had contracted marriage with the petitioner on 13-1-1987 that is during the period of Iddat. The complainant applied to have the ex parte decree set aside and on 20-7-1988, Mst. Hasina appeared before the Family Court and on her statement the decree was set aside. The petitioner's case on the other hand is that he and Mst. Hasina were married on 13-3-1987; that at his instance case under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered against Muhammad Ashiq, complainant for he had forcibly taken away Mst. Hasina.
2. In these circumstances, I am of the view that petitioner's case falls under section 497, subsection (2) of the Cr.P.C. 1, therefore, allow him to be released on bail on his furnishing bond in the sum of Rs.15,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate concerned. N.H.Q./M-1157/L Bail granted.