| Case ID |
2141cc35-e7a5-4678-af0f-4e71c4fbd44b |
| Body |
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| Case Number |
Criminal Miscellaneous Nos. 2062-B and 2568-B of 2 |
| Decision Date |
Sep 07, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the bail applications of the petitioners, indicating that the allegations against them were not substantiated enough to deny them bail. The court noted that the decision made by the Panchayat regarding the alleged abduction was not supported by a formal FIR and that the crucial witness, Mst. Zubaida, had not come forward to support the prosecution's case. The court highlighted the principles of justice, emphasizing that the accused should not be punished without trial and that the investigation was complete. The decision also referenced previous case law to support the granting of bail, establishing a precedent for similar cases. |
| Summary |
This case revolves around the application for bail by petitioners involved in a controversial exchange marriage under the custom known as 'Kala-Kali', which implicated them in a non-bailable offence under section 310-A of the Pakistan Penal Code. The Lahore High Court, presided over by Justice Muhammad Jehangir Arshad, ruled that the allegations were insufficient for denying bail, as the prosecution failed to lodge a formal FIR regarding the alleged abduction of Mst. Zubaida. The court underscored that the absence of the alleged abductee's testimony weakened the prosecution's case. The decision emphasized the legal principles surrounding bail in non-bailable offences, referencing notable precedents to support its ruling. The case highlights the intersection of customary practices and legal frameworks in Pakistan, particularly in matters of marriage and social justice. Legal professionals and advocates should note the implications of this ruling on future cases involving similar customs and the right to a fair trial. Keywords: bail application, Lahore High Court, Pakistan Penal Code, customary marriage, legal principles, social justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Panchayat
|
| Judges |
MUHAMMAD JEHANGIR ARSHAD
|
| Lawyers |
Malik Muhammad Saleem,
Ch. Shoukat Ali Zahid,
Rao Atif Nawaz,
Muhammad Bilal, S.I.
|
| Petitioners |
7 others,
PIR BAKHSH alias PIRAN
|
| Respondents |
THE STATE
|
| Citations |
2007 SLD 713,
2007 PLD 276
|
| Other Citations |
Abdul Malik v. The State PLD 1968 SC 349,
Tariq Bashir and 7 others v. The State PLD 1995 SC 35
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
310A,
497
|