1998 PLP 6 (SCMR)
Mst. AFSHAN BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1998 PLP 6 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Raja Afrasaib Khan and Sh. Ijaz Nisar, JJ |
| Parties | Mst. AFSHAN BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 6 (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 1998 PLP 6 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Raja Afrasaib Khan and Sh. Ijaz Nisar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 6 (SCMR) (Mst. AFSHAN BIBI‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Bashir A. Mujahid, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Date of hearing: 6th June, 1997.
- Bashir A. Mujahid, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner.
- Kh. Shaukat Ali, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the order of the Lahore High Court dated 16‑5‑1997 passed in Crl. Misc. No. 715‑M of 1997). . ‑‑‑‑S. 497/499‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑High Court while granting bail to accused had imposed a condition that she would only be released on furnishing bail bonds by her father‑‑‑Accused could be released on bail on the strength of surety to be provided by him/her‑‑‑Accused who apprehended danger at the hands of her father had expressed her desire to be lodged in Darul Aman‑‑‑Leave to appeal was converted into appeal in circumstances and the bail granting order was modified to the extent that the accused would be released on bail on furnishing surety of her choice in the same amount as directed by High Court. Kh. Shaukat Ali, Advocate Supreme Court for the State.
Judgment & Decree
RAJA AFRASIAB KHAN, J.
On 16th of May 1997, an order was passed by a learned Judge of the Lahore High Court. It reads as follows:- "Bail was granted to the petitioner Afshan Bibi in a case registered against her under the provision of section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, vide order of this Court, dated 2nd of May, 1997 and a condition was imposed that she will only be released on furnishing bail bonds by her father. Through this application, it is submitted that the said condition be removed so that she can live with someone else. I am afraid that the aforesaid condition cannot be removed. Hence, this application is dismissed. " This petition for leave to appeal has been instituted by the petitioner against the impugned order.
2. Learned counsel argues that the High Court is not competent to impose condition on the bail bonds which are required to be furnished by the petitioner for her release.
3. Learned counsel appearing on behalf of the State is unable to point out any case-law to show that the High Court is authorized to impose condition on the release of the petitioner on bail. It is well-settled that the accused person can be released on bail on the strength of surety to be provided by him/her. Learned counsel has also stated that the petitioner has expressed her desire to be lodged in local Daral Aman. She also apprehends danger at the hands of her father. This being so, we modify the aforesaid bail granting order and say that the petitioner shall be released on furnishing surety of her choice in the same amount as directed by the High Court. With the above modification, this petition is converted into appeal and allowed. N.H.Q./A-4/S Appeal allowed.