2000 P Cr (PLP)
Mst. SALIMA BIBI and others — Petitioners Versus THE STATE — Respondent
| Citation | 2000 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. SALIMA BIBI and others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2000 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 2000 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: 2000 P Cr (PLP) (Mst. SALIMA BIBI and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hasnat Ahmad Khan for Petitioners. Syed Zulfiqar Ali Bokhari, Asstt. A.-G. for the State.
- 3. Learned Assistant Advocate-General appeared on Court's call and he did not seriously oppose the bail petition.
Headnotes / Summary
S. 498
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11,7
Accused was granted ad ihterim bail by Trial Court and same was dismissed for non-prosecution
Duty of Trial Court to decide the application on merits even in the absence of the accused
Order of Trial Court was not in accordance with settled law: as such the same was set aside
Bail application of accused would be deemed to be pending before Trial Court.
Judgment & Decree
The petitioner is involved in a case F.I.R. No.244 of 1998, registered under section 11 /7, Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station "A" Division, Okara. The petitioner filed application for bail before arrest and the learned Additional Sessions Judge, Okara, granted ad interim bail. Subsequently, on the date of confirmation the petitioner did not appear and the same was dismissed for non-prosecution vide order, dated 20-7-1998.
2. The learned counsel for the petitioner contended that learned Additional Sessions Judge should have been provided the opportunity and the case be adjourned for the said purpose. It is further contended that it is the duty anti obligation of the learned Additional Sessions Judge to decide the application on merits even in the absence of the petitioner.
3. Learned Assistant Advocate-General appeared on Court's call and he did not seriously oppose the bail petition.
4. I have given my anxious consideration to the contentions of the learned counsel for the parties. The order, dated 20-7-1998 of learned Additional Sessions Judge is not in accordance with the dictum laid down by this Court in 1981 PCr.LJ
61. As such the impugned order cannot sustain and the same is hereby set aside. Resultantly, this criminal miscellaneous petition is accepted and the application of the petitioner before the learned Additional Sessions Judge is deemed to be pending for adjudication. The petitioner is directed to appear before the Court of learned Additional Sessions Judge, Okara on 5-8-1998. The petitioner is also directed to join investigation as and when he required; otherwise this order shall automatically be recalled. Copy Dasti. Q.M.H./M.A.K./S-420/L Order accordingly.