[Lahore] (PLP)
NASIM AHMAD and 3 others‑‑Petitioners Versus THE STATE‑‑Respondent
| Citation | [Lahore] (PLP) |
| Forum / Court | Lahore |
| Bench Members | Sardar Muhammad Dogar, J |
| Parties | NASIM AHMAD and 3 others‑‑Petitioners Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in [Lahore] (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 [Lahore] (PLP)?
The case was heard and decided by the Lahore bench comprising: Sardar Muhammad Dogar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: [Lahore] (PLP) (NASIM AHMAD and 3 others‑‑Petitioners Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ismail Chaudhry for Petitioners.
Headnotes / Summary
‑‑‑S. 498‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18‑‑Bail, grant of‑‑Accused allegedly had caught complainant and had given her kicks and fist blows‑‑One of accused had allegedly caught her from breasts‑‑No other allegation had been levelled to show that any attempt was made by any of accused to commit Zina‑‑Counsel for State after going through first information report himself conceded that offence under S.18 of Ordinance VII of 1979 was not disclosed in the F.I.R., rather same fell within purview of 5.354, Penal Code‑ Investigating Officer also conceded that there was no change in prosecution case when S.18 was added during investigation‑‑Pre‑arrest bail already allowed to accused confirmed in circumstances. Mian Mushtaq Hussain for the State.
Judgment & Decree
‑‑‑S. 498‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18‑‑Bail, grant of‑‑Accused allegedly had caught complainant and had given her kicks and fist blows‑‑One of accused had allegedly caught her from breasts‑‑No other allegation had been levelled to show that any attempt was made by any of accused to commit Zina‑‑Counsel for State after going through first information report himself conceded that offence under S.18 of Ordinance VII of 1979 was not disclosed in the F.I.R., rather same fell within purview of 5.354, Penal Code‑ Investigating Officer also conceded that there was no change in prosecution case when S.18 was added during investigation‑‑Pre‑arrest bail already allowed to accused confirmed in circumstances. Muhammad Ismail Chaudhry for Petitioners. Mian Mushtaq Hussain for the State. The petitioners have approached this Court for grant of anticipatory bail in case F.I.R. No. 260, P.S. Kotwali, Sialkot, registered against them under section 354, P.P.C., on 3‑9‑1988, on the statement of Mst. Sharifan.
2. The case originally was registered under section 354, P.P.C. and the petitioners were allowed bail by the Ilaqa Magistrate. Thereafter, during investigation, section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance. 1979 was added. This led to the grievance of the petitioners and so they have moved for anticipatory bail.
3. The allegations levelled in the F.I.R. against the petitioners are that the petitioners had caught the complainant and had given her kicks and fist blows Shaukat petitioner is alleged to have caught her from the breasts. No other allegation has been levelled to show that any attempt was made by any of them to commit Zina.
4. Learned counsel for the State, after going through the F.I.R:, himself conceded that the narration given in the F.I.R: does not disclose an offence under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979; rather the same falls within the purview of section 354, P.P.C. The A.S.I. has conceded that there was no change in the prosecution case when S.18 was added e by the S.I. during investigation. Section 354, P.P.C. is bailable. In the circumstances, pre‑arrest bail allowed to the petitioners vide order of this Court dated 14‑9‑1988 is confirmed. They shall, however, file fresh bail bonds. M.Y.H./N‑167/L Bail confirmed.