Case Details

Citation(s)
2007 SLG 3129 2007 SLD 3129 2007 PLJ 577
Lahore High Court
Crl. Misc. No. 1416-B of 2007, decided on 8.3.2007.
SARDAR MUHAMMAD ASLAM, J.
Mr. Munir Ahmad Khan Zai, Advocate for Petitioner. Mr. Ahmad Rauf, Advocate/DPG assisted by Mr. Azfar Ali Malik, Advocate for State. Mr. Muhammad Mansoor Ahmad, Advocate for Complainant.

SABIR HUSSAIN alias Pehlwan

VS

STATE--Respondent

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), S. 302(c)--Bail, grant of--"Ghairat"--Honour Killing--Provocation--Illicit liaison--Complainant admitted the misdeeds of his son of maintaining illicit liaison with the real sister of the petitioner--Complainant as well as parents of the petitioner admonished the deceased on many times to refrain himself from his evil pursuits--On the day of occurrence admittedly, both were found in conversation at midnight time in the veranda of the petitioner's house--Petitioner woke up on hearing the sound of footsteps of complainant and seeing the deceased lost self control and pounced upon them causing injuries resulting into imminent death of both deceased--Deceased was not Masoom-ud-Dam--What was expected re-action of a young man with boiling blood, seeing his real sister with her paramour and midnight time in his house--Provocation must have been at its extreme depriving self-control and loss of mental faculty--Prima facie--Offence may fall u/S. 302(c) PPC--Human life is very sacred--At the same time we could not divorce from the prevalent social set up, traditions and customs prevailing in our society, where men sacrifice their lives to safeguard the honour of their women folk, and, it is not considered a big sacrifice, in any manner--No religion allows widespread immorality to destroy the fabric of a family life--Immorality are not approved by most of the civilization of the world--Bail admitted to petitioner and direct his release--Bail allowed. [Pp. 578 & 579] A, B & C Order The petitioner seeks post arrest bail in case FIR No. 304 dated 6.4.2006 registered under section 302 PPC with Police Station, Saddar Sheikhupura. 2. First information report was lodged by Gulzar Ahmad, father of the deceased Muhammad Ashiq, narrating that it was a talk of town, that his deceased son has developed illicit liaison with Mst. Bushra Bibi (real brother's daughter of complainant). He had reprimanded his son on many occasions but to no avail. Parents of Mst. Bushra Bibi also admonished him. Deceased paid no heeds to the warning of either side. He, thus, was keeping a watch on his…
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