2003 P Cr (PLP)
MUHAMMAD BAKHSH alias BILA — Petitioner Versus THE STATE — Respondent
| Citation | 2003 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD BAKHSH alias BILA — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2003 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 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: 2003 P Cr (PLP) (MUHAMMAD BAKHSH alias BILA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed Shehbaz Ali for Petitioner.
Headnotes / Summary
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10
Penal Code (XLV of 1860), Ss. 201 & 338(c)
Accused was father of the girl who allegedly delivered an illegitimate baby
Role attributed to the accused was that he helped in burial of said newly born baby and in so doing he caused disappearance of evidence of the offence
No other allegation was leveled against the accused, who had not been charged with any offence falling with in the prohibitory clause of S.497, Cr.P.C.
Judgment & Decree
Jamil Ahmad Chohan for the State. Date of hearing: 21st March, 2002. Petitioner seeks post-arrest bail in case F.I.R. No.305 of 2001 dated 28-12-2001 registered under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with sections 388(c) and 201, P.P.C. at Police Station Kot Sultan, District Layyah.
2. Briefly, the facts of the case are that on the application of Allah Bakhsh and Allah Diwaya, residents of the same village, the afore referred case was registered with the allegation that Mst. Sughran Mai unmarried daughter of Muhammad Bakhsh alias Billa petitioner had illicit relations with Haji Muhammad as a result of which, she delivered an illegitimate child through Dr. Ghulam Nabi. The allegation against the petitioner is only this much that he destroyed the evidence of crime. He has been challaned alongwith co-accused under section 201, P.P.C. He was arrested on 28-12-2001. Co-accused Dr. Ghulam Nabi has been released on bail by the trial Court on the basis of affidavits submitted by the P.Ws. and the complainant, disowning the prosecution version.
3. Learned counsel for the petitioner contends that the petitioner is in jail since 28-12-2001; that the offence, alleged against the petitioner, does not fall within the prohibitory clause, that the trial has not commenced and its conclusion is likely to take considerably long period. Learned State Counsel has opposed the bail. Heard. Record perused. Admittedly, the petitioner is father of Mst. Sughran Mai who became pregnant as a result of illicit relations with Haji Muhammad. The role attributed to the petitioner is only that he helped in burial of newly born baby and thus caused disappearance of evidence of offence. No other allegation is made out against him. He has not been charged with any offence falling within the prohibitory clause. Trial of the case is only to take considerably long period. In these circumstances, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court. H.B.T./M-1820/L Bail granted.