1989 P Cr (PLP)
Mst. AKBARI Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Nisar, J |
| Parties | Mst. AKBARI Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 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 1989 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Ijaz Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 P Cr (PLP) (Mst. AKBARI Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Talaat Farooq Sheikh for Petitioner.
Headnotes / Summary
‑‑‑S. 497/498‑‑Interim bail, confirmation of‑‑Accused was a woman and had a suckling baby with her in jail‑‑Interim bail granted to her confirmed. M.A. Chaudhry for the State.
Judgment & Decree
Talaat Farooq Sheikh for Petitioner. M.A. Chaudhry for the State. Report of the learned Additional Sessions Judge, Kasur has been received. It is not satisfactory and is open to serious legal questions. Learned counsel for the State has also not been able to justify action of the learned Additional Sessions Judge on the legal plain whereby he sent for Mst. Akbari petitioner from jail, put her questions and then used the replies against her while disposing of the bail application moved by her. In this view of the matter this will have to be ignored and will not be taken into consideration even by the trial Court.
2. Learned counsel for the petitioner has brought to my notice that though the petitioner was admitted to interim bail by this Court but she could not be released.
3. The allegation levelled against Mst. Akbari petitioner by her son Ais Muhammad is that after the death of her husband she developed illicit intimacy with Nazir Ahmad and later eloped with him after taking away cash and ornaments from the house. It is contended that the petitioner has been involved falsely at the instance of Muhammad Anwar who wanted to marry her and that on her refusal he instigated his nephew to get this case registered. It is stated that it is wrong to say that she had given birth to an illegitimate child. Her husband died in October, 1987 whereas she gave birth to a child in July, 1988. It is further stated that no recovery has been effected from her and she is in jail for the last seven months.
4. Since the petitioner is a woman and has a suckling baby with her in jail the interim bail granted to her by this Court on 2‑11‑1988 is confirmed. She may furnish bail bond to the satisfaction of learned Sessions Judge, Kasur, or A.C./Duty Magistrate, Kasur. H.B.T/A‑456/L Bail granted.