2003 PLP 2549 (YLR)
Mst. BAKHTAWAR — Petitioner Versus THE STATE — Respondent
| Citation | 2003 PLP 2549 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Mian Nazir Akhtar, J |
| Parties | Mst. BAKHTAWAR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2003 PLP 2549 (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 2003 PLP 2549 (YLR)?
The case was heard and decided by the Lahore bench comprising: Mian Nazir Akhtar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 2549 (YLR) (Mst. BAKHTAWAR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nazar Abbas Syed for Petitioner.
Headnotes / Summary
S. 497, first proviso
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979). Ss. 10/13
Bail. Grant of F.I.R. merely stated that co-accused took the accused (lady) on a motorcycle towards the "Dhari " of another co-accused for purpose of committing Zina with the lady
Police raided the said place and found the accused lady and co-accused inside said "Dhari ", but there was no evidence' that they were seen indulging in the act of Zina
Report of the Chemical Examiner about the vaginal swabs of the lady was in the negative
Accused who was a woman, deserved concession of bail under first proviso to S.497, Cr..P.C
Bail was allowed to the accused. Muhammad Anwar Tawana for the State.
Judgment & Decree
S. 497, first proviso
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979). Ss. 10/13
Bail. Grant of F.I.R. merely stated that co-accused took the accused (lady) on a motorcycle towards the "Dhari " of another co-accused for purpose of committing Zina with the lady
Police raided the said place and found the accused lady and co-accused inside said "Dhari ", but there was no evidence' that they were seen indulging in the act of Zina
Report of the Chemical Examiner about the vaginal swabs of the lady was in the negative
Accused who was a woman, deserved concession of bail under first proviso to S.497, Cr..P.C
Bail was allowed to the accused. Nazar Abbas Syed for Petitioner. Muhammad Anwar Tawana for the State. The petitioner seeks bail in a case registered against her and others vide F.I.R. No.50 dated 2-2-2002 for an offence under sections 10 and 13 of Ordinance VII of 1979 at Police Station Bhawana, District Jhang.
2. I have heard the learned counsel for the petitioner and the State. In the F.I.R. merely it is stated that Muhammad Saleem and Noor Ahmad co-accused took the present petitioner on a motorcycle towards the "Dhari" of Muhammad Saleem for the purposes of committing Zina with her. The police raided the said place and found Muhammad Saleem and the present petitioner inside the Dhari. There is no evidence that they were seen indulging- in the act of Zina. The report of the Chemical Examiner about the vaginal swabs of the petitioner is in the negative. Moreover, the petitioner is a woman and deserves concession of bail under the first-proviso to section 497 of the Cr.P.C.
3. Therefore, the petition is accepted and the petitioner is allowed bail, subject to her furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned Sessions Judge Jhang. H.B.T./B-141/L Bail granted.