Legal Case Summary

Case Details
Case ID 430b0343-034c-47dc-aeed-ddf1f59b9c96
Body View case body.
Case Number Criminal Miscellaneous No. 191/B of 2001
Decision Date Feb 06, 2002
Hearing Date Feb 06, 2002
Decision The Lahore High Court granted bail to the petitioners, Khadim Hussain and Yousaf, under section 497(2) of the Criminal Procedure Code. The court noted that the FIR was lodged after a significant delay of thirteen months and highlighted that the alleged enticee, Mst. Munawar Bibi, had previously filed a complaint against the complainant, Muhammad Rafique, alleging abduction. The court found that the role of the accused in the FIR was secondary and that the alleged enticee had not been recovered from their custody during the investigation. Therefore, the court deemed that further inquiry was warranted and admitted the petitioners to bail subject to the submission of bail bonds.
Summary This case involves the Lahore High Court's decision regarding the bail application of Khadim Hussain and Yousaf, who were accused in a case under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sections of the Penal Code. The court took into consideration the delayed filing of the FIR and the previous legal actions taken by the alleged enticee, Mst. Munawar Bibi. The ruling emphasized the importance of ensuring that the accused are not unjustly detained when the evidence suggests a lack of substantial claims against them. The case raises significant issues regarding the rights of the accused in criminal proceedings and the judicial standards for granting bail in sensitive cases involving allegations of Zina. Keywords such as 'bail', 'criminal procedure', 'Zina ordinance', 'judicial inquiry', and 'rights of the accused' are essential for understanding the implications of this case.
Court Lahore High Court
Entities Involved Not available
Judges ASIF SAEED KHAN KHOSA, J
Lawyers Arshad Ali Chauhan, Amjad Mumtaz
Petitioners Yousaf, Khadim Hussain
Respondents THE STATE
Citations 2003 SLD 1093, 2003 PCRLJ 508
Other Citations Not available
Laws Involved Criminal Procedure Code (V of 1898), Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, Penal Code (XLV of 1860)
Sections 497(2), 10, 16, 467, 468, 471