2005 P Cr (PLP)
IRFAN and another-Petitioners Versus THE STATE — Respondent
| Citation | 2005 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | IRFAN 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 2005 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 2005 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: 2005 P Cr (PLP) (IRFAN and another-Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Chohan for Petitioners.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.377, 511 & 292
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12
According to State Counsel, offence under S.12 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, having been deleted, only offence remained against accused was under Ss:377, 511 & 292, P.P.C.
Allegation against accused being of an attempt to commit sodomy, his case did not fall within prohibitory clause of 5.497, Cr.P.C.
Accused was sufficiently younger in age than victim and accused had lodged F.I.R. against victim/complainant and others wherein he complained of sodomy committed with him
Possibility of securing registration of false case against accused could not be excluded on account of accused's lodging report before Police Station of occurrence much prior in time against complainant
Case of accused in circumstances being open to further inquiry, he was admitted to bail.
Judgment & Decree
The petitioner seeks post-arrest bail in case F.I.R. No. 114, dated 16-10-2004 under section 12, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with sections 377/511/292, P.P C. registered at Police Station Mankera District Bhakkar.
2. Precisely allegation against the petitioner is that he attempted to commit sodomy with the victim of this case.
3. The learned counsel for the petitioner as well as learned counsel for the State has been heard.
4. The learned counsel for the State informed that offence under section 12, Offence of Zina (Enforcement of Hudood) Ordinance VII or 1979 has been deleted. The only offence remains against the petitioner under sections 377/511/292, P.P.C. The allegation against the petitioner is of an attempt to commit sodomy. Case of the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C.
5. The petitioner is sufficiently younger in age than the victim. The petitioner had lodged an F.I.R. against the victim/complainant of this case and others in the occurrence vide F.I.R. No. 115, dated 18-10-2004. In it he complains of commission of' sodomy, committed with him on 10-10-2004. Possibility of securing registration of false case against the petitioner cannot be excluded at this stage, on account of petitioner's lodging report before the police station of the occurrence much prior to time, against the complainant. The petitioner is of lesser age as compared to that of . the complainant of this case. The case of the petitioner is, therefore, open to further inquiry on this count also.
6. For what has been discussed above, the petitioner has made out a case for bail. Resultantly, this petition is accepted and petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./I-104/L Bail granted.