| Case ID |
430b0343-034c-47dc-aeed-ddf1f59b9c96 |
| Body |
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| 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
|