P L D 1991 Peshawar 123 (PLP)
Mst. ZAREENA JAN‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | P L D 1991 Peshawar 123 (PLP) |
| Forum / Court | |
| Bench Members | Mahboob Ali Khan, J |
| Parties | Mst. ZAREENA JAN‑‑Petitioner Versus THE STATE‑‑Respondent |
Q1: What are the key laws and sections cited in P L D 1991 Peshawar 123 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1991 Peshawar 123 (PLP)?
The case was heard and decided by the bench comprising: Mahboob Ali Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1991 Peshawar 123 (PLP) (Mst. ZAREENA JAN‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Saeed Akhtar Khan for Petitioner. Muhammad Aslam Khan, AA.‑G. for the State.
- Date of hearing: 9th April, 1991.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑ ‑‑‑‑S. 497‑‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 14‑‑‑Bail, grant of‑‑‑Offence allegedly committed by accused was not covered by prohibitory clause contained in S.497(1), Cr.P.C. wherein the grant of bail is a rule and refusal an exception‑‑‑Accused who was a woman, her case fell under first proviso to S.497(1), Cr.P.C. and was admitted to bail in circumstances.
Judgment & Decree
‑‑‑‑S. 497‑‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 14‑‑‑Bail, grant of‑‑‑Offence allegedly committed by accused was not covered by prohibitory clause contained in S.497(1), Cr.P.C. wherein the grant of bail is a rule and refusal an exception‑‑‑Accused who was a woman, her case fell under first proviso to S.497(1), Cr.P.C. and was admitted to bail in circumstances. Saeed Akhtar Khan for Petitioner. Muhammad Aslam Khan, AA.‑G. for the State. Date of hearing: 9th April, 1991. Mst. Zarina Jan alongwith two male accused is involved in a case of car lifting. The accused had allegedly hired a motor‑car on 11‑1‑1991 from Kotli Azad Kashmir for Tarbela and when reached at Ghazi at 8‑00 p.m. they snatched the vehicle from its driver and decamped. A report was lodged at P.S. Ghazi on 13‑1‑1991 by Muhammad Siddique driver and a case registered under section 14 of Ordinance No.VI of 1979. All the three accused were later on arrested. They have made judicial confessions.
2. Be this as it may the offence allegedly committed by the accused is not covered by the prohibitory clause under section 497(1), Cr.P.C. wherein the grant of bail is a rule and refusal an exception besides the fact, that she is a woman and her case falls under first proviso to subsection (1) of section 497 of the Code.
3. Accordingly, Mst. Zarina Jan shall be admitted to bail in the sum of Rs.30,000 with two sureties each in the like amount and to the satisfaction of the Ilaqa Magistrate. The accused is a resident of Rawalpindi. Her sureties must have permanent abode within the local limits of Police Station Ghazi where this case has been registered. . N.H.Q./1199/P Bail allowed.