1989 PLP 3252 (MLD)
SHER MUHAMMAD — Petitioner Versus THE STATE — Respondent
| Citation | 1989 PLP 3252 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Nisar, J |
| Parties | SHER MUHAMMAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 3252 (MLD)?
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 PLP 3252 (MLD)?
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 PLP 3252 (MLD) (SHER MUHAMMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 24th April, 1989.
Headnotes / Summary
S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 19791, S.10/16--Bail--Accused admittedly was also involved earlier in two cases for abducting lady ca-accused and committing rape with her--Accused in one casc was acquitted and other case was found to be false--Lady co-accused who was challaned alongwith the accused and had already been admitted to bail had not levelled any allegation of rape against accused--Challan had also been submitted in Court--Accused admitted to bail in circumstances. Rana Abdul Hameed Khan for the Petitioner. Mehdi Hassan, AA.G. for the State.
Judgment & Decree
Mehdi Hassan, AA.G. for the State. Date of hearing: 24th April, 1989. Sher Muhammad petitioner was arrested on 13-11-1988 in a case under articles 10/16 of the Offence of Zina (EOH) Ordinance, 1979 on the allegation that he was found committing Zina with Mst. Niaz Bibi in a field. 2.''Bail is sought on the grounds that the case is based on enmity, Mst. Niaz Bibi co-accused has already been admitted to bail and that she has not leveller any allegation of rape against the petitioner. Lastly, it is contended that it is the third occasion that the petitioner has been involved by the relatives of Mst. Niaz Bibi for committing Zina with her. In one of the cases the petitioner was acquitted while the other was found to be false. Mst. Niaz Bibi is said to be inimically disposed towards her father and maternal uncle and she has filed a suit for jactitation of marriage against the wishes of her father and other relations which is still pending.
3. Admittedly, the petitioner was also involved earlier in two cases for abducting Mst. Niaz Bibi and committing rape with her. In one of the cases he was acquitted and the other was found to be false. Mst. Niaz Bibi has not levelled` any allegation of rape against the petitioner: She has also been challaned alongwith him and has been admitted to bail. The challan has been submitted in Court. In the circumstances discussed above, the petition is allowed and Sher Muhammad petitioner is admitted to bail in the sum of Rs.50,000 (Rupees Fifty thousand only) with two sureties in the like amount to the satisfaction of A.C., Mianwali. N.H.Q./S-430/L Petition allowed.