2000 PLP 1716 (MLD)
Mst. NAJMA alias NAGINA‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2000 PLP 1716 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Naseem Chaudhri, J |
| Parties | Mst. NAJMA alias NAGINA‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2000 PLP 1716 (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 2000 PLP 1716 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Naseem Chaudhri, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1716 (MLD) (Mst. NAJMA alias NAGINA‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aftab Ahmad Bajwa for Petitioner.
- Date of hearing: 27th March, 2000.
Headnotes / Summary
‑‑‑‑S.497‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Bail, grant of‑‑‑No overt act or practical role had been attributed to accused, who was a female‑ Accused was entitled to bail as her case was covered by first proviso to subsection (1) of S.497, Cr.P.C. Saif Ullah for the State. M. Akram Qureshi for the Complainant.
Judgment & Decree
M. Akram Qureshi for the Complainant. Date of hearing: 27th March, 2000. On the night falling between 20/21‑4‑1999 Mushtaq Ahmad was house by Sajid, Tariq accused while Muhammad Azam was standing in the door. Mst. Najma alias Nagina wife of the deceased who was the maternal uncle of Zaki‑ur‑Rehman complainant was '` also present in the room. Thereafter, the dead body was removed in a car and was recovered therefrom.
2. Mst. Najma alias Nagina was arrested as the accused of the case. The investigation stands completed. The challan has been sent up to the learned Court of Session. Some prosecution witnesses have also been examined. The bail plea of Mst. Najma alias Nagina has been dismissed by the learned Additional Sessions Judge who has filed this petition before the Court with the same desire.
3. I have heard the learned counsel for the parties as well as the learned State Counsel and gone through the record before me. Learned counsel for the petitioner has argued that no overt act or practical role has been attributed to Mst. Najma alias Nagina and that she being a female is entitled to be admitted to bail. On the contrary the contention of the learned State Counsel is that Mst. Najma alias Nagina carried on her illicit relations with Sajid accused and her presence at the place of occurrence is sufficient to involve her. He added that the trial has commenced and that only three witnesses remain to be examined.
4. I would express that it is a case for the admission of Mst. Najma alias Nagina petitioner to bail on the ground that no practical role has been attributed to her and that she is a female whose case is covered by proviso I to subsection (1) of section 497 of the Code of Criminal Procedure.
5. Finding it to be a fit case, I accept this application and admit Mst. Najma alias Nagina petitioner‑accused to bail in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court with the direction to appear before the learned trial Court on every date of hearing failing which the learned trial Court may cancel her bail and. proceed further in accordance with law. H.B.T./N‑23/I. Bail granted.