| Citation(s) |
|---|
| 1998 SLG 1170 1998 SLD 1170 1998 SCMR 6 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.168-L of 1997, decision dated: 6-06-1997
RAJA AFRASAIB KHAN AND SH. IJAZ NISAR, JJ
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Criminal Petition for Leave to Appeal No.168-L of 1997, decision dated: 6-06-1997
RAJA AFRASAIB KHAN AND SH. IJAZ NISAR, JJ
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Mst. AFSHAN BIBI
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--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. 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. Date of hearing: 6th June, 1997. JUDGMENT 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…
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