2004 PLP 49 (YLR)
SAFDAR ALI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2004 PLP 49 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ch. Iftikhar Hussain, J |
| Parties | SAFDAR ALI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2004 PLP 49 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 49 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ch. Iftikhar Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 49 (YLR) (SAFDAR ALI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tariq Zulfiqar Ahmad Chaudhary for Petitioner.
- Date of hearing: 17th April, 2003
Headnotes / Summary
S. 497(2)‑‑‑Penal Code (XLV of 1860), S. 377‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12‑‑ Bail, grant of‑‑‑Further inquiry‑‑‑Thirty eight hours' delay in lodging the F.I.R.‑‑ No mark of violence was found on the body of alleged victim on his medical examination which fact had cast doubt on victim's story‑‑‑Benefit of every doubt, even at bail stage, was to be given to the accused‑‑‑Case of accused, in circum stances, required further inquiry into his guilt covering his case under subsection (2) of S. 497, Cr. P. C. ‑‑‑Accused was behind the bars for about one year and two months and was, previous non‑convict‑‑‑Accused was admitted to bail, in circumstances. Javed Iqbal for the State.
Judgment & Decree
Javed Iqbal for the State. Date of hearing: 17th April, 2003 Safdar Ali petitioner through the instant petition seeks post‑arrest bail in case F.I.R. No.234, dated 26‑9‑2000, registered under section 12, Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), and section 377, P.P.C., with Police Station Saddar Burewala, District Vehari.
2. Briefly the case of the prosecution as per F.I.R. is that on 24‑9‑2000 at about 6‑00 p.m. the complainant alongwith Safdar Ali after watching the football match was going back to his house. They when reached Katcha road, Safdar Ali petitioner brought out Churri from the fold of his Shalwar and threatened him to kill if he raised noise and he took him to the sugarcane field and there committed sodomy upon him.
3. It has been contended on his behalf that he has falsely been roped in that there is two days delay in lodging the F.I.R. without any plausible explanation; that according to Medico Legal Report of the victim, his medical examination was conducted on 25‑9‑2000 at 11‑00 a.m. while according to F.I.R. it was on 26‑9‑2000 and the same makes the matter doubtful that the doctor in his MLC has mentioned that there was no mark of violence on his body and the same also suggests that he was not subjected to sodomy; and that he is behind the bars for the last one year and two months and is previous non‑convict.
4. On the other hand, learned State Counsel has opposed the petition on the ground that he is named in the F.I.R.; that he kidnapped the victim boy and took him to the sugar cane field and there he committed sodomy upon him.
5. I have carefully considered the submission advanced by both sides with the help of available record.
6. There is about 38 hours delay in lodging the F.I.R. On the victim medical examination, no mark of violence was found on his body. The same casts doubt on the victim's story. The benefit of every doubt even at bail stage is to be given to the accused. In these circumstances, his case requires further inquiry into his guilt ant so is covered under subsection (2) of section 497, Cr.P.C. He is behind the bars for about one year and two months and stated to be previous non‑convict. Resultantly, this petition is allowed and he is admitted to bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./S‑770/L Bail granted.