Case Details

Citation(s)
1986 SLG 484 1986 SLD 484 1986 SCMR 475
Supreme Court of Pakistan
Criminal Petition No. 127 of 1981, decision dated: 18-04-1981. (On appeal from the judgment and order of the Lahore High Court Multan Bench, dated 28-1-1981 passed in Criminal Miscellaneous No. 54-B of 1981).
MUHAMMAD AFZAL ZULLAH AND ABDUL KADIR SHAIKH, JJ

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ALLAH DITTA-

VS

KHADIM HUSSAIN and others

Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Criminal Procedure Code (V of 1898), S.498---Bail, cancellation of--Accused charged under S.--16 of Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---Sessions Judge relying, on valid Nikahnama, allowed bail to respondent--High Court declined to interfere on ground that discretion exercised by -Sessions Judge did not suffer from any illegality which should call for interference-Supreme Court upholding that view, dismissed petition for leave to appeal. Hamid Ali Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 18th April, 1981. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Lahore High Court, dated 28-1-1981 dismissing an application filed by petitioner for cancellation of bail granted to respondents who are accused in a case under section lfi of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The respondents were released on bail by the Sessions. Judge, Muzaffargarh as he was impressed with the plea that Mst. Kaniz respondent had been earlier married to Khadim Hussain respondent oil 28-9-1980 under a valid Nikahnama registered at Liaqatpur District Rahimyar Khan. In his connection he…
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