SCMR 1988

1988 PLP 117 (SCMR)

AKHTAR HUSSAIN — Appellant Versus THE STATE — Respondent

Jurisdiction / Court
High Court
Decided Date
Criminal Appeal No. 154 of 1987 in Criminal Petition No. 265 of 1987, decided on 27th October, 1987.
Honorable Judges
Aslam Riaz Hussain and Javid Iqbal, TJ
Case Reference Summary (AEO Optimized)
Citation 1988 PLP 117 (SCMR)
Forum / Court High Court
Bench Members Aslam Riaz Hussain and Javid Iqbal, TJ
Parties AKHTAR HUSSAIN — Appellant 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 1988 PLP 117 (SCMR)?

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

Q2: Which judicial bench decided the case 1988 PLP 117 (SCMR)?

The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Javid Iqbal, TJ.

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

Cite this legal precedent as: 1988 PLP 117 (SCMR) (AKHTAR HUSSAIN — Appellant 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

  • Waheeduddin Virk, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner.
  • S.M. Zubair, Additional A.-G., Punjab for the State. Date of hearing: 27th October, 1987.
  • 2.Learned Additional Advocate-General, Punjab, has appeared to oppose the petition.

Headnotes / Summary

(Against the order of the Lahore High Court, Lahore, dated 20-7-1987 passed in Criminal Miscellaneous No. 1839 of 1987).

S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11/16--Constitution of Pakistan (1973) Art. 185(3)--Bail, grant of--Reasonable grounds existing for holding that accused was not guilty on basis of arguments and documents on record Supreme Court forming view that petitioner was not guilty of allegations made against him in F. I. R.--Petitioner held entitled to be released on bail- Petition converted into appeal and bail granted--Observations made in bail granting order were advised to not to affect prosecution case at trial.

Judgment & Decree

ASLAM RIAZ HUSSAIN, J.--Akhtar Hussain petitioner seeks leave to appeal against the order of the High Court, dated 20-7-1987, dismissing his bail application in a case under section 11/16 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979). 2.Learned Additional Advocate-General, Punjab, has appeared to oppose the petition. Having heard the learned counsel for both sides we convert it into an appeal and proceed to dispose it of as such.

3. From the arguments of the learned counsel for the parties as well as from the documents on the record we are of the view that prima facie, there are reasonable grounds for holding that the appellant is not guilty of the allegations made against him in the F.I.R. He is, therefore, entitled to be released on bail. We, therefore, accept the appeal and grant bail to the appellant in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of the trial Court of Illaqa Magistrate. It may be observed that the observations made in this order shall not affect the prosecution case at the trial. M.I./A-120/S Bail granted.