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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: FIDA HUSSAIN VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1367
[Lahore]
Before Khizar Hayat, J
FIDA HUSSAIN‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 4054/ 8 of 1987, decided on 28th November, 1987.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 13 & 14‑‑Bail, grant of‑‑Evidence of eye‑witnesses as recorded by Trial Court, not supporting prosecution case and as such chances of petitioner's conviction quite remote‑‑Petitioner allowed bail, in circumstances.
Muhammad Siddiq Chaudhary for Petitioner.
Muhammad Naeem for the State.
ORDER
Fida Hussain, petitioner, alongwith Mst. Bushra was rounded up from House No. 864, Ravi Block, Allama Iqbal Town, Lahore, and were challaned under sections 10, 13 and 14 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The petitioner as well as his co‑accused were allowed bail by Additional Sessions Judge on 17‑4‑1985. During their trial held in the Court of Mr. Ghulam Abbas, Additional Sessions Judge, the petitioner absconded. He, however, surrendered of his own on 15‑7‑1987. He was allowed interim bail which was subsequently recalled on 21‑7‑1987, hence this application.
2. It is stated that the evidence of material witnesses namely Abdul Hameed and Muhammad Ramzan, (eye‑witnesses) has since been recorded who have not supported the prosecution, therefore, they petitioners deserve to be released on bail as there is little chance of petitioner being convicted in the case. Learned State counsel does not oppose this bail petition with any seriousness. In the circumstances, this petition is allowed. The petitioner shall be released on bail subject to his furnishing bail‑bonds in the sum or Rs.20,000 with one surety in the like amount to the satisfaction of trial Court.
S.G.D./F‑44/L Bail allowed.