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1994 PCRLJ 1821

MUHAMMAD SHABBIR ALIAS BHOLA VS STATE

Petitioner: MUHAMMAD SHABBIR ALIAS BHOLA VS Respondent: STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1994 P Cr

1994 P Cr. L J 1821

[Lahore]

Before Raja Afrasiab Khan, J

MUHAMMAD. SHABBIR alias BHOLA---Petitioner

Versus

THE STATE---Respondent

Criminal Miscellaneous No.2062/B of 1994, decided on 16th May, 1994.

Criminal Procedure Code (V of 1898)---

----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11---Penal Code (XLV of 1860), S.109---Bail---Rule of consistency---Case of accused appeared to be at par with that of co-accused who had already been allowed bail by High Court---Accused was in jail for the last five months---Accused was admitted to bail in circumstances.

Muhammad Taqi Khan for Petitioner.

Ch. Muhammad Ayub with Farooq Bedar, Addl. A: G. for the State.

ORDER

The petitioner Muhammad Shabbir seeks his post-arrest bail in a case registered against him and others under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 109, P.P.C. at Police Station Sangla Hill, District Sheikhupura. It is argued by the learned counsel that Muhammad Malik co-accused of the petitioner was admitted to bail by this Court in Criminal Miscellaneous No.1795/B of 1994 on 2-5-1.994. It is submitted that case of the present petitioner is at par with that of Muhammad Malik. The bail petition has not been opposed by the learned Law Officer and the learned State counsel on the ground of consistency.

2. I have heard the learned counsel for the parties and have gone through the record, The case of the petitioner appears to be at par with that of Muhammad Malik who was allowed bail by this Court on 2-5-1994. The A petitioner is in jail for the last five months. This being so, he is admitted to bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sheikhupura. The bail petition is accordingly allowed.

N.H.Q./M-1640/L Bail allowed.

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