| Case ID |
0066640c-21eb-491e-ad4e-0cf8694dfb2a |
| Body |
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| Case Number |
Criminal Miscellaneous No. 2461/B of 2002 |
| Decision Date |
Sep 26, 2002 |
| Hearing Date |
|
| Decision |
The court granted bail to Mst. Kausar Perveen alias Kausar Bibi based on her being a female accused, which ordinarily entitles her to bail under the first proviso to section 497(1) of the Criminal Procedure Code. The petitioner had been behind bars and was not a previous convict. The court considered the nature of the accusations and the circumstances surrounding the case, ultimately deciding in favor of granting bail upon the submission of a bail bond. The decision referenced previous cases that supported the position that female accused are generally entitled to bail. |
| Summary |
This case revolves around the granting of bail to Mst. Kausar Perveen, who was accused under the Offence of Zina (Enforcement of Hudood) Ordinance. The Lahore High Court ruled in favor of the petitioner, emphasizing the legal precedent that women accused of such offenses are generally entitled to bail. The decision highlighted the importance of considering the gender of the accused in legal proceedings, especially in sensitive cases involving allegations of Zina, which are often viewed through a different lens in the legal system. The court's ruling not only provided relief to Mst. Kausar Perveen but also set a precedent for future cases involving female defendants. Keywords such as 'bail for women', 'Zina Ordinance', and 'Lahore High Court decision' are essential for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IFTIKHAR HUSSAIN
|
| Lawyers |
Ch. Faqir Muhammad,
Nasrullah Khan Kakar
|
| Petitioners |
MST. KAUSAR PERVEEN ALIAS KAUSAR BIBI
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 3506,
2003 PCRLJ 397
|
| Other Citations |
Sher Muhammad v. Muhammad Sadiq and 2 others 1984 PCr.LJ 3126,
Mst. Sakina Bibi v. The State 1984 PCr.LJ 1010
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979
|
| Sections |
497,
10(2),
16
|