LIAQUAT ALI vs Mst. BASHIRAN BIBI and another
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.
- 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?
- 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
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
- Muhammad Latif alias Kala Versus State 2025 PCrLJ 1279
- Tahira Batool vs The State & another 2022 SCP 214, 2022 PLD Supreme Court 764
- Mst. PATHANI BIBI and others vs The STATE and otherss 2014 YLR 158