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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: HAQ NAWAZ alias HAKIM VS Respondent: THE STATE
1988 M L D 589
1988 M L D 589
[Lahore]
Before Khizar Hayat, J
HAQ NAWAZ alias HAKIM‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 59/B of 1988, decided on 27th January, 1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance, (VII of 1979), S. 10‑‑Bail‑‑Delay of 13 days occurred in lodging first information report‑‑Medical evidence prima facie not supporting prosecutrix‑‑Accused admitted to bail in circumstances.
Masood Mirza for Petitioner.
Shafiqur Rehman for the State.
ORDER
Haq Nawaz petitioner stands arrested under sections 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, in a case registered at Police Station Athara Hazari, district Jhang, at the instance of Mst Faizan.
2. According to Mst. Faizan, the complainant, some 13 days before lodging the report, the petitioner having trespassed into her house, committed rape with her forcibly at the point of pistol. She raised alarm which attracted her brother -in‑law Muhammad Yar and Ahmad Yar, her cousin. Seeing them, the petitioner made his escape good. The report was lodged 13 days after the occurrence. The prosecutrix was got medically examined by lady doctor who did not find any mark of violence on her person. However, she prepared her vaginal swabs and sent them for chemical examination for detection of semen. That report is still awaited despite lapse of 6 months. The petitioner is also in jail for similar period without trial, and as his bail plea was declined by the lower Court, hence this application.
3. I have heard learned counsel for the petitioner as well as for the State and also perused the record.
4. In view of the delay of 13 days caused in lodging the F.I.R. and the medical evidence prima facie not supporting the prosecutrix, 1 feel inclined to allow this petition. The petitioner is directed to be released on bail subject to his furnishing bail bond in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Jhang during the pendency of the trial.
M.Y.H./H‑58/L
Bail granted.