Pakistan Case Law
1994 SCMR 1729

LIAQUAT ALI vs Mst. BASHIRAN BIBI and another

⭐ Prefer in Google
Citation1994 SCMR 1729
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 500/L of 1993
Date1994-02-26
Judge(s)Muhammad Rafiq Tarar and Manzoor Hussain Sial
Authored byMuhammad Rafiq Tarar
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

Liaquat Ali petitioned for leave to appeal against an order of the Lahore High Court dated 20-10-1993, which granted post-arrest bail to Mst. Bashiran Bibi respondent in a criminal case registered under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The High Court had granted bail on the basis that the respondent, being a woman, fell within the protective ambit of the first proviso to section 497(1) of the Code of Criminal Procedure, 1898. Upon hearing the petitioner's counsel, the Supreme Court of Pakistan found no valid ground to interfere with the discretionary bail order passed by the High Court. Consequently, the Supreme Court dismissed the petition for leave to appeal, affirming the exercise of judicial discretion in favor of the female accused under the statutory exception.

Questions settled in this judgment
  • Whether a woman accused of an offence under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 is covered by the first proviso to section 497(1) of the Code of Criminal Procedure, 1898?
  • Under what circumstances will the Supreme Court interfere with a discretionary order of the High Court granting bail?
Laws & provisions referred
  • Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
  • Section 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979
  • Section 497(1), Code of Criminal Procedure 1898
post-arrest bailbail for womenleave to appealstatutory exceptionoffence of zinadiscretionary order

ORDER

' MUHAMMAD RAFIQ TARAR, J.---Liaquat Ali petitioner seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 20-10-1993 whereby he allowed bail to Mst.

Bashiran Bibi respondent in a case under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Bail was allowed on the ground that the A respondent being a woman was covered by proviso 1 to section 497(1) of the Cr.P.C.

2. After hearing the learned counsel we do not find any ground for B interference with the discretionary order passed by the High Court. The petition is dismissed.

Cited by 3 cases

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.