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MUHAMMAD MANSHA versus THE STATE


Criminal Code of Conduct (CRPC) Section 426: Crime of Adultery (Enforcement Hood) Ordinance (VII of 1979), Sections 10 and 11, suspending applicant's argument that the complaint was made seven years after which two There were matters. The conviction was suspended from the accused and that the oral order was considered effective by the first party of the Federal Shariat Court.

1988 P Cr. L J 348 (1)

[Federal Shariat Court]

Before Gul Muhammad Khan, CJ

MUHAMMAD MANSHA and others--Appellants

versus

THE STATE--Respondent

Criminal Appeal No. 304/L of 1987, decided on 19th November, 1987.

Criminal Procedure Code (V of 1898)--

---S. 426-:Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11--Sentence, suspension of--Contention of accused-petitioners that complaint was made after seven years during which there were two issues from accused persons and that oral Talaq was considered effective by the Federal Shariat Court prima facie having force, sentence was suspended.

Noor Alam Qureshi for Appellants

ORDER

It is stated by the learned counsel that firstly the complaint had been lodged seven years after the marriage and there are two issues from the same. It is further stated that this Court has held A that oral Talaq can also be effective. The contentions prima facie have merit. The sentences of the petitioners are, therefore, suspended and they shall be released on their furnishing bail bonds in the sum of Rs.15,000 with two sureties in the like amount to the satisfaction of the trial Court.

S.A./373/F.Sh. Sentence suspended.

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