1993 P Cr (PLP)
NASAR — Petitioner Versus THE STATE — Respondent
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NASAR — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1993 P Cr (PLP)?
This judgment primarily cites: statutory provisions 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) (NASAR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Munir Ahmed Bhatti for Petitioner.
Headnotes / Summary
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.16
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.14
Penal Code (XLV of 1860), S.379
Bail, grant of-- Abductee on being recovered after more than a month had levelled spec allegation of Zina against the accused in her statement recorded by the police
Case of co-accused already released on bail was distinguishable from that of the accused
Abductee had filed the suit for dissolution of marriage while in custody of accused persons and the same had been dismissed as she did not wish to pursue it-Bail was refused to accused in circumstances.
Judgment & Decree
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.16
Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.14
Penal Code (XLV of 1860), S.379
Bail, grant of-- Abductee on being recovered after more than a month had levelled spec allegation of Zina against the accused in her statement recorded by the police
Case of co-accused already released on bail was distinguishable from that of the accused
Abductee had filed the suit for dissolution of marriage while in custody of accused persons and the same had been dismissed as she did not wish to pursue it-Bail was refused to accused in circumstances. Munir Ahmed Bhatti for Petitioner. Ashfaque Bukhari for the State. Petitioner seeks bail in a case registered against him and others with Police Station Narang, Tehsil Ferozewala, District Sheikhupura, for an offence under section 16 of Offence of Zina and section 14, Offences Against Property (Enforcement of Hudood) Ordinance, 1979, and section 379, P.P.C, vide F.I.R. dated 8-4-1992. The case was got registered by Jamal Din with the allegation that his wife Mst. Samera, was abducted by the petitioner alongwith others on 29-3-1992 and they have not returned her so far. Learned counsel for the petitioner in support of application for bail submitted that the case against the petitioner is absolutely false. Argued that there is an unexplained delay of 11 days in the registration of the case which casts serious doubt. Argued that the abductee had filed a suit for dissolution of marriage and the" present case has been got registered as a counterblast. Argued that two co-accused of the petitioner have since been allowed bail, therefore, petitioner is also entitled to the same concession. Contentions were opposed by learned counsel for the State as well as counsel for the complainant.
2. I have heard the learned counsel and gone through the file. The alleged abductee was recovered after more than a month. In her statement recorded by the police, she has levelled specific allegation of Zina against the petitioner. Co-accused who have been released on bail, their case is distinguishable from that of the petitioner. One of them was declared innocent by the police and against the other the abductee had not levelled any allegation of Zina. Suit for dissolution of marriage was filed when the abductee was in the custody of the petitioner and his co-accused. The same has been dismissed because the alleged abductee did not wish to pursue the case. No ground for bail is made out. Petition fails which is dismissed. N.H.Q./N-162/L Bail refused.