1989 PLP 642 (MLD)
MUHAMMAD ZAHID‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 642 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Afrasiab Khan, J |
| Parties | MUHAMMAD ZAHID‑‑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 642 (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 642 (MLD)?
The case was heard and decided by the Lahore bench comprising: Afrasiab Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 642 (MLD) (MUHAMMAD ZAHID‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Siddique Chughtai for Petitioner.
Headnotes / Summary
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 11 & 19‑‑Bail, grant of‑‑Prosecutrix making four statements, under x_164, Cr,P.C. at different occasions‑‑Accused not implicated in three statement‑ Statement implicating accused was disowned by prosecutrix later on ‑‑Prosecutrix also exonerating accused in her statement before Trial Court‑‑Co‑accused already released on bail‑‑Case needed further inquiry‑‑Accused granted bail in circumstances. Abdul Moeed for the State.
Judgment & Decree
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 11 & 19‑‑Bail, grant of‑‑Prosecutrix making four statements, under x_164, Cr,P.C. at different occasions‑‑Accused not implicated in three statement‑ Statement implicating accused was disowned by prosecutrix later on ‑‑Prosecutrix also exonerating accused in her statement before Trial Court‑‑Co‑accused already released on bail‑‑Case needed further inquiry‑‑Accused granted bail in circumstances. Muhammad Siddique Chughtai for Petitioner. Abdul Moeed for the State. The petitioner Muhammad Zahid has moved this post‑arrest bail petition under section 497/498, Cr.P.C. in a case registered against him under :sections 10. 11 and 19 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Rangpura, Sialkot vide F.I.R. No. 205 dated 9‑8‑1988. The allegation is that the petitioner committed Zina with Mst. Tahira Shahnaz. Similar allegations were levelled against Nasecrur Rehman, Muhammad Javed and Abdul Hannan. It has been brought to my notice that the said three accused have been admitted to bail by me vide order dated 3‑1‑1989 in Criminal Miscellaneous No. 4367/B of 1988.
2. It is argued that Mst. Tahir Shahnaz has made four statements under section 164, Cr.P.C. at different occasions. In her three statements under section 164, Cr.P.C. she did not implicate the petitioner and others as accused persons. However, she implicated the petitioner and other accused persons m her statement made on 27‑9‑1988. In her later statement made on 30‑11‑1988 under section
164. Cr.P.C, she disowned the above‑said statement dated 27‑9‑1988. The prosecutrix is present before me and has made a statement that the petitioner did I not commit Zina with her.
3. The learned State counsel has not opposed the grant of bail to the petitioner. In my view, this is a case of further enquiry in as much as under similar circumstances Naseeur‑Rehman, Muhammad Javed and Abdul Hannan accused have been admitted to bail by me as stated above and as such the; petitioner is also admitted to bail in the sum of Rs.50,000 with two sureties each m the like amount to the satisfaction of A.C./Duty Magistrate, Sialkot. SA./M‑1095/L Bail granted.