| Case ID |
2b4b55db-3bb0-4098-bb72-1cd1bbbbb42e |
| Body |
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| Case Number |
Criminal Miscellaneous No. 939/B of 2002/BWP |
| Decision Date |
Oct 14, 2002 |
| Hearing Date |
Oct 14, 2002 |
| Decision |
The Lahore High Court admitted the petitioner, Mazhar Hussain, to bail under section 497(2) of the Criminal Procedure Code. The court found that there was insufficient evidence to support the allegations made by the complainant, Mst. Zaib-un-Nisa, regarding the intent of the accused to commit Zina. The investigation revealed that the complainant had willingly accompanied the accused and his wife, which raised doubts about the claims of abduction and intent to commit Zina. As a result, the court determined that further inquiry was necessary and granted bail subject to the petitioner furnishing a bail bond of Rs. 50,000 with one surety to the satisfaction of the learned Trial Court. |
| Summary |
In the case of Criminal Miscellaneous No. 939/B of 2002/BWP, the Lahore High Court addressed the issue of bail for the petitioner Mazhar Hussain, who was accused under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The court examined the allegations made by the complainant, Mst. Zaib-un-Nisa, who claimed that she was abducted with the intent to commit Zina. However, the court noted that the evidence presented did not substantiate these claims, particularly as there was no direct allegation that the petitioner had committed Zina. The court emphasized the need for a thorough investigation into the circumstances surrounding the case, highlighting that the complainant had been in the company of the accused and his wife for an extended period without any indication of wrongdoing. This decision underscores the importance of due process and the requirement for compelling evidence before depriving an individual of liberty. The case illustrates the judicial approach to handling sensitive allegations while ensuring the rights of the accused are protected. Legal practitioners and advocates should take note of this case as it reinforces the principles of fair trial and the necessity for credible evidence in criminal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD FARRUKH MAHMUD, J
|
| Lawyers |
Ch. Muhammad Ashraf Mohandra,
Syed Niaz Ahmad Shah
|
| Petitioners |
MAZHAR HUSSAIN
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 1233,
2003 PCRLJ 1248
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979
|
| Sections |
497(2),
11
|