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Petitioner: BASHIR AHMED VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1876
[Lahore]
Before Sardar Muhammad Dogar, J
BASHIR AHMED‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No.403/B of 1988, decided on 17th February, 1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10‑‑Bail, grant of‑‑No allegation of Zina levelled by abductee against petitioner either in her police statement or statement recorded under S.164, Cr.P.C.‑‑Petitioner also found innocent in the investigation by a gazetted police officer‑‑Petitioner allowed bail, in circumstances.
Ch. Khan Muhammad Bajwa for Petitioner.
A.H. Masud for the State.
Date of hearing: 17th February, 1988.
ORDER
A case was registered at Police Station Motra, District Sialkot under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, on the statement of Muhammad Rashid about the abduction of his daughter. He had expressed suspicion in the F.I.R. against the petitioner, his wife and one Muhammad Nawaz.
On recovery of the abductee, section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was also added. Her statement was got recorded during the investigation under section 164 Cr.P. C. In that statement, she levelled allegation against Muhammad Nawaz, Aslam, Ahsan and Javed of having committed Zina with her and against one Iftikhar of having attempted to commit Zina with her. No allegation of Zina was levelled by the abductee against the petitioner either in her statement under section 164, Cr. P . C . or in the statement that she made under section 161, Cr.P.C.
2. The petition earlier moved on behalf of the petitioner was dismissed on merits vide order dated 9‑12‑1987. The petitioner has again approached this Court on the ground that a Deputy Superintendent of Police during investigation had found him innocent.
3. The Sub‑Inspector who is in attendance with record, states that Syed Aftab Ijaz Shah, D.S.P., Gujranwala, who was entrusted the investigation by the Deputy Inspector‑General of Police on an application submitted by the complainant had declared him innocent.
Since no allegation has been levelled by the abductee against the petitioner of having committed Zina with her and he has also been declared innocent, a case of further enquiry appears to have been made out. The petition is, therefore, allowed and the petitioner is directed to be released on bail, provided he furnishes bail bond the sum of Rs. twenty‑five thousand with two sureties each in the in the sum of Rs. twenty‑five thousand with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Daska.
S.G.D./B‑61/L Bail allowed.