| Citation(s) |
|---|
| 1984 SLG 1008 1984 SLD 1008 1984 SCMR 1524 |
Supreme Court of Pakistan
Criminal Petition No. 47-R of 1984, decision dated: 24-06-1984 (Against the order of the Lahore High Court, Rawalpindi Bench, dated 28-4-1984 in Crl. Misc. No. 90-B of 1984)
SHAFI UR REHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
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Criminal Petition No. 47-R of 1984, decision dated: 24-06-1984 (Against the order of the Lahore High Court, Rawalpindi Bench, dated 28-4-1984 in Crl. Misc. No. 90-B of 1984)
SHAFI UR REHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
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NAJABAT
VS
. MUHAMMAD KHAN and another--Respondents
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(31--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 16 read with Criminal Procedure Code (V of 1898), S. 497--Adultery--Bail--Cancellation--Husband of adultress making no grievance on her conduct--Background of enmity between adultress and her close relatives--Order of High Court admitting accused respondents to bail--Held, suffers from no such infirmity as might require interference by Supreme Court--Leave to appeal refused. Mr. Karam Elahie Bhatti, Advocate on Record for Petitioner. Nemo for Respondents. Date of hearing: 24th June, 1984. ORDER SHAFIUR RAHMAN, J.-- The petitioner who is a complainant in a case registered under sections 10 and 16 of Zina (Enforcement of Hadd Ordinance), 1979 seeks leave to appeal against the order of the Lahore High Court, dated 28-4-1984 whereby the two respondents were admitted to bail. The petitioner complainant is the brother of Mst. Ghulam Fatima. She said to have been married to one Mumtaz sometimes in 1975. He was employed in the army. It was contended that for years Ghulam Fatima had been living in aduletry with Muhammad Khan respondent No.l. The first information report about the occurrence was lodged or 19th of July, 1083 complaining that Zina had been committed on the night of 10th and 11th of July, 1983. The respondents were arrested on 28th of July, 1983. The respondent No.2 was medically examined the same day, The learned .Sessions Judge admitted then to bail on 7th of August, 1983. Subsequently their bail was cancelled on 7-3-1984 when a report from…
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