PCRLJ 1986

1986 P Cr (PLP)

NAWAZ‑‑Petitioner Versus THE STATE Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 514‑B of 1986, decided on 8th April, 1986.
Honorable Judges
Mazharul Haq, J
Case Reference Summary (AEO Optimized)
Citation 1986 P Cr (PLP)
Forum / Court Lahore
Bench Members Mazharul Haq, J
Parties NAWAZ‑‑Petitioner Versus THE STATE Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1986 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1986 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: Mazharul Haq, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1986 P Cr (PLP) (NAWAZ‑‑Petitioner Versus THE STATE Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Muhammad Wasi Zafar for Petitioner.
  • Date of hearing: 8th April, 1986.

Headnotes / Summary

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11‑‑Bail, grant of‑‑F.I.R. by husband of abductee contradicted by statement of abductee‑‑Abductee allegedly stayed with accused for about a month disappearing later from there and coming to house of her parents‑‑Implicating accused after keeping quiet for nine days‑‑Case for bail to accused, held, was made out in circumstances. Malik Abdur Rehman for the State.

Judgment & Decree

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11‑‑Bail, grant of‑‑F.I.R. by husband of abductee contradicted by statement of abductee‑‑Abductee allegedly stayed with accused for about a month disappearing later from there and coming to house of her parents‑‑Implicating accused after keeping quiet for nine days‑‑Case for bail to accused, held, was made out in circumstances. Muhammad Wasi Zafar for Petitioner. Malik Abdur Rehman for the State. Date of hearing: 8th April, 1986. Nawaz petitioner and three others are accused of the offence under section 10/11 of the Hadood Ordinance, 1979. The case was registered against them at Police Station Saddar Gujranwala on 8‑4‑1985.

2. Mst. Riaz Begum wife of Mahboob Hussain informant was allegedly abducted by Sardar, his wife Mst. Fatima, Nawaz petitioner and Azam. On a false pretext she was made to leave her home. Later she was taken by Nawaz and Azam to a village where she was locked up in a room. , Petitioner Nawaz allegedly raped her for about a month. Later she managed to reach her parents home at Sialkot and her statement was recorded about 9 days later in which she accused Nawaz of rape. In the F.I.R. which was recorded on 8‑4‑1985 her husband Mahboob alleged that Sardar accused was on visiting terms with him and had developed connection with his wife Mst. Riaz.

3. Learned counsel for the petitioner contended that Mst. Riaz in order to protect her paramour Sardar has accused Nawaz of rape, in fact the principal offender was Sardar which fact has also been asserted by her husband in the F.I.R. Without prejudice to the case of the prosecution, besides the aforementioned contradiction pointed out by the learned counsel for the petitioner, her stay for about a month in a village and her later disappearance from there and coming over to her parents where she kept quiet for about 9 days, are circumstances which make out a case for bail to the petitioner. He is, therefore, allowed bail in the sum of Rs.10,000 (ten thousand) with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Gujranwala. S.A. Bail allowed.