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Petitioner: NASAR VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Rashid Aziz Khan Title: NASAR vs THE STATE Case No.: Crl. Misc. No, 5646/B of 1992 Date of Judgment:1993-01-23 Reported As: 1993 P Cr. L J 2411 Result: Bail refused
Judgment ORDER ' Petitioner seeks bail in a case registered against him and others with Police Station Narang, Tehsil Ferozewala, District Sheikhupura, for an offence under section 16 of Offence of Zina and section 14, Offences Against Property (Enforcement of Hudood) Ordinance, 1979, and section 379, P.P.C:, vide F.I.R. Dated 8-4-1992. The case was got registered by Jamal Din with the allegation that his wife Mst. Samera, was abducted by the petitioner alongwith others on 29-3-1992 and they have not returned her so far. ' Learned counsel for the petitioner in support of application for bail submitted that the case against the petitioner is absolutely false. Argued that there is an unexplained delay of 11 days in the registration of the case which casts serious doubt. Argued that the abductee had filed a suit for dissolution of marriage and the' present case has been got registered as a counterblast. Argued that two co-accused of the petitioner have since been allowed bail, therefore, petitioner is also entitled to the same concession. Contentions were opposed by learned counsel for the State as well as counsel for the complainant. 2. I have heard the learned counsel and gone through the file. The alleged abductee was recovered after more than a month. In her statement recorded by the police, she has levelled specific allegation of Zina against the petitioner. Co-accused who have been released on bail, their case is distinguishable from that of the petitioner. One of them was declared innocent by the police and against the other the abductee had not levelled any allegation of Zina. Suit for dissolution of Marriage was filed when the abductee was in the custody of the petitioner and his co-accused. The same has been dismissed because the alleged abductee did not wish to pursue the case. No ground for bail is made out. Petition fails which is dismissed.