| Citation(s) |
|---|
| 2003 SLG 3506 2003 SLD 3506 2003 PCRLJ 397 |
Lahore High Court
Criminal Miscellaneous No. 2461/B of 2002, decided on 26th September, 2002.
CH. IFTIKHAR HUSSAIN, JUSTICE
Ch. Faqir Muhammad for Petitioner. Nasrullah Khan Kakar for the State.
Criminal Miscellaneous No. 2461/B of 2002, decided on 26th September, 2002.
CH. IFTIKHAR HUSSAIN, JUSTICE
Ch. Faqir Muhammad for Petitioner. Nasrullah Khan Kakar for the State.
MST. KAUSAR PERVEEN ALIAS KAUSAR BIBI ER
VS
THE STATE --Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979
Section: 10(2)/16
Criminal Procedure Code (V of 1898) S. 497 Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979). Ss. 10(2)/16 Bail, grant of Accused, being a lady, S.497, Cr.P.C., first proviso was attracted to her case under which a lady accused was ordinarily entitled to bail Accused had been behind the bars and was not a previous convict Accused was granted bail in circumstances. Sher Muhammad v. Muhammad Sadiq and 2 others 1984 PCr.LJ 3126 and Mst. Sakina Bibi v. The State 1984 PCr.LJ 1010 ref. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, JUSTICE:---.--- Mst. Kausar Perveen alias Kausar Bibi has sought for post arrest bail in Case F.I.R. No. 133 dated 20 6 2002 under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 registered with Police Station Makhdum Rashid, Multan. Later on, the police have added section 10(2) of the said Ordinance. 2. Briefly the prosecution case as per F.I.R. is that on 6 6 2002 at Fajjar Prayer call time, the complainant Muhammad Yaqoob on the alarm raised by his daughter Kausar Perveen woke up and saw that Abid, Sadiq alias Shada and Muhammad Akhtar had taken her away forcibly in the car for the purpose of Zina. They had also taken away his gold ornaments and cash amount. The police have arrayed her as an accused being consenting party to Zina with her co accused Muhammad Hanif. 3. The bail has been sought by her on the solitary ground of being woman and so her case falling within the first proviso to section 497(1), Cr.P.C. In support of the same she has placed…
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