2007 PLP 1294 (YLR)
Mst. ROMA BIBI alias KIRAN and another — Petitioners Versus THE STATE-Respondent
| Citation | 2007 PLP 1294 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Jehangir Arshad, J |
| Parties | Mst. ROMA BIBI alias KIRAN and another — Petitioners Versus THE STATE-Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1294 (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 2007 PLP 1294 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Jehangir Arshad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1294 (YLR) (Mst. ROMA BIBI alias KIRAN and another — Petitioners Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Waqar Haider Awan for Petitioners.
Headnotes / Summary
S. 498
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11
Female accused present in the court admitted co-accused as her legally wedded husband
Since accused had admitted co-accused as her husband, after incorporation of S.156-B, Cr. P. C. prohibiting the arrest of an accused in a case under Hudood Laws, except case of Zina-bil-Jabr, which was not the position in the case, without the consent of Magistrate, accused required no bail order at all.
Judgment & Decree
MUHAMMAD JEHANGIR ARSHAD, J.
Petitioner No.2 namely Ghulam Sarwar is an accused in case P.I.R: No.275 of 2006 dated 21-??-2006 under section 11 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 registered with Police Station, Kot Mithan District Rajanpur, and seeks his pre-arrest bail in the said case.
2. It is submitted by the learned Counsel for the petitioners that petitioner No.2, Ghulam Sarwar has committed no offence as he has contracted marriage with Mst. Roma Bibi, petitioner No.1 with her free-will and consent on 11-9-2006, therefore, the allegation of her abduction is not sustainable. Mst. Roma Bibi petitioner No.1, present in the Court, admits Ghulam Sarwar, petitioner No.2 as her legally wedded husband. However, perusal of the entries of Nikahnama appended with this petition shows that in the relevant column of Haq-ul-Mehr, a nominal amount of Rs.1,000 has been fixed as such. However, when asked, Ghulam Sarwar petitioner No.2 happily agreed to enhance the said amount to Rs.1,00,000 as Haq-ul-Mehr payable on demand and in acknowledgement thereof has filed a written affidavit which is mark `A' to this petition. The same shall form part of the original Nikahnama and office shall send an attested copy of the same to the Secretary Union Council Jampur West No.4, Tehsil Jampur who will paste the same on the back of the said Nikahnama and Column No.13 of the Nikanama Rs.1,00,000 shall be construed as Haq-ul-Mehr payable on demand.
3. As Mst. Roma Bibi, petitioner No.1 admits Ghulam Sarwar, petitioner No.2 as her husband, thus, after incorporation of section 156-B, Cr.P.C. prohibiting the arrest of an accused of a case under the Hutlood laws except the case of Zina-bil-Jabr which is not the position in the present case without the consent of the Magistrate, petitioners require no bail order at all. Disposed of. Incharge of the Police Guard, High Court, present in the Court, shall ensure that both the petitioners, present in the Court shall safely reach the General Busl Stand, Multan. H.B.T./R-59/L???????????????????????????????????????????????????????????????????????? Order accordingly.