Case Details

Citation(s)
2004 SLG 3080 = 2004 SLD 3080 = 2004 PLJ 70 = 2004 PCRLJ 929
Federal Shariat Court
Crl. Rev. No. 26/1 of 2003, decided on 8.1.2004.
Presented By: CH. EJAZ YOUSAF, J.
Ch. Naseer Ahmad Tahir, Advocate for Petitioner. Mr. Muhammad Sharif Janjua, Advocate for State

Mst. NAHEED AKHTAR-Petitioner

VERSUS

AMJAD MAHMOOD AKHTAR and others-Respondents

Law: Criminal Procedure Code, 1898

Section: 497(5)

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 7

  Criminal Procedure Code, 1898 (V of 1898) S. 497(5)-Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, S. 7-Respondents wrongly accused the petitioner for committing zina, so a case U/S. 7 of the Ordinance registered against them afterward bail was granted by ASJ-Offence was committed in Court and it is on record thus no further proof was required so, Respondents not entitled for concession of bail-Held: FIR registered U/S. 7 of ordinance and it was yet to be determined whether the case covered by S. 7 or fall within the ambit of S. 11 of the Ordinance case is of further enquiry-Prohibitory clause of S. 497 Cr.P.C. is not attracted-Punishment for the said crime is sentence of staips, so ASJ rightly release the respondents on bail-Petition dismissed. [P. 72JA&B . Date of hearing: 8.1.2004.                                                                                                                                   judgment This revision is directed against the order dated 7.10.2003 passed hy the Additional Sessions Judge, Jhelum, whereby he has allowed bail to the respondents in the casa registered, against them, under Section 7 of the Offer.ce of Qaz/XEnforcement of Hadd) Ordinance, 1979 (hereinafter referred to as "the Ordinance"). 2.   Facts of the case, in brief, are that on 27.5.2000, complaint was filed by one Mst. Naheed Akhtar in the Court of Sessions Judge, Jhelum wherein,  it was alleged that on   18.4.2003 Respondent No.   1  Amjad Mahmood Akhtar, at the instigation of other respondents, had submitted an application before Nazim, Union Council Kotla Faqir and made allegation of illicit relations therein against the complainant. Subsequently, on 12.5.2003 during arguments in Bail Application No. 110 of 2003 registered under Section 337-FI, titled as The State vs.…
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