1989 PLP 2725 (MLD)
Mst. NOOR JEHAN‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 2725 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | Usman Ali Shah, C J |
| Parties | Mst. NOOR JEHAN‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 2725 (MLD)?
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 PLP 2725 (MLD)?
The case was heard and decided by the Peshawar bench comprising: Usman Ali Shah, C J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2725 (MLD) (Mst. NOOR JEHAN‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian M. Masud Khan for Petitioner.
- Date of hearing: 18th September, 1985.
Headnotes / Summary
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.5, 10 & 11‑‑Bail, grant of‑‑Principal accused already released on bail‑‑Trial might take long time to determine whether accused and co‑accused remained together before or after the Nikah‑‑Accused being lady will suffer long confinement‑ Bail granted in circumstances. Abdur Rauf Khan for the State.
Judgment & Decree
Mian M. Masud Khan for Petitioner. Abdur Rauf Khan for the State. Date of hearing: 18th September, 1985. The accused‑petitioner Mst. Nur Jehan alongwith Janas Khan her co -accused is charged under section 5/10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. They applied for their release on bail in the Court of EA.C.,II, Swabi, who rejected their application. They then filed another application for the said purpose in the Court of Additional Sessions Judge, Sawbi, who vide his order dated 25‑6‑1985 released Janas Khan, accused on bail on the ground that his confessional statement reveals that the present petitioner Mst. Nur Jehan had come to his house and they got performed Nikah and thereafter spent 5 days as husband and wife, therefore, there remained no evidence at the initial stage to connect Janas accused with the crime. Whereas the present petitioner was refused bail on the ground that she has categorically admitted that she committed Zina with Janas Khan accused for 5 days before their Nikah took place. Hence this application by Nur Jehan accused‑petitioner for her release on bail. I have heard the learned counsel for the parties and considered their arguments. The principal accused namely Janas Khan has already been released on bail by the learned Additional Sessions Judge, vide his impugned order and the question as to whether they had remained together for 5 days before or after the Nikah would be determined at the trial, which might take sufficient time and the accused‑petitioner being fair sex would suffer long confinement in the judicial lock up, therefore, without, going into the merit of the case, I accept this application and admit the accused‑petitioner to bail on furnishing bail bonds in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the Illaqa/Duty Magistrate. SA./806/P Bail allowed.