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Petitioner: NASIM AHMAD and 3 others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sardar Muhammad Sarfraz Dogar Title: NASIM AHMAD and 3 others vs THE STATE Case No.: Criminal Miscellaneous No, 3126/B of 1988 Date of Judgment:1988-10-10 Reported As: 1989 P Cr. L J 71 Result: Bail confirmed
Judgment ORDER ' The petitioners have approached this Court for grant of anticipatory bail in case F.I.R. No, 260, P.S. Kotwali, Sialkot, registered against them under section 354, P.P.C., on 3-9-1988, on the statement of Mst. Sharifan. 2. The case originally was registered under section 354, P.P.C. And the petitioners were allowed bail by the Ilaqa Magistrate. Thereafter, during investigation, section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was added. This led to the grievance of the petitioners and so they have moved for anticipatory bail. 3. The allegations levelled in the F.I.R. Against the petitioners are that the petitioners had caught the complainant and had given her kicks and fist blows. Shaukat petitioner is alleged to have caught her from the breasts. No other allegation has been levelled to show that any attempt was made by any of them to commit Zina. 4. Learned counsel for the State, after going through the F.I.R himself conceded that the narration given in the F.I.R. Does not disclose an offence under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979; rather the same falls within the purview of section 354, P.P.C. The A.S.I. Has conceded that there was no change in the prosecution case when S.18 was addcd by the Si. During investigation. Section 354, P.P.C. Is boilable. In Sc. Circumstances, pre-arrest bail allowed to the petitioners vide order of this Court dated 14-9-1988 is confirmed. They shall, however, file fresh bail bonds.