Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: GULZAR AHMAD VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 313
[Lahore]
Before Khizar Hayat, J
GULZAR AHMAD‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 3050‑B of 1987, decided on 16th November, 1987.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11‑‑Bail, grant of‑‑Offence of Zina‑‑Married woman‑‑Question, whether abductee got pregnant as a result of cohabitation with her husband or accused, requiring further inquiry‑ Accused in jail for more than nine months without trial‑‑Bail granted.
A . K . Dogar for Petitioner. Faiz Muhammad Bhatti for the State.
ORDER
Sardar Muhammad complainant lodged a report at Police Station Peoples Colony, Faisalabad on 8‑4‑1986 alleging that his wife Mst. Safia Bibi has been abducted by the petitioner with the help of his mother, sister and nephew with an intention to commit Zina with her. The accused and abductee were seen boarding a wagon near Fowara Chowk Peoples Colony, Faisalabad by Karamat Ali and Muhammad Iqbal P.Ws. on 3‑4‑1986. During the investigation both Gulzar Ahmad petitioner and the abductee were arrested on 1‑2‑1987. The medical examination of the abductee revealed that she had five months old pregnancy. Mst. Safia had not implicated the petitioner. Her statement was not got recorded under section 164, Cr.P.C. either. The petitioner as well as the abductee have been challaned. It may be stated that Mst. Safia has since been allowed bail but the same relief was denied to the petitioner. Hence this application.
2. I have heard the learned counsel for the petitioner as well as State and perused the record.
3. Mst. Latifa Bibi, mother of Mst. Safia abductee has sworn affidavit that Mst. Safia lived with her after the registration of the case and that Sardar Muhammad complainant husband of Mst. Safia had been visiting her there. Nobody saw the petitioner committing Zina with her co‑accused Mst, Safia (since bailed out). The question that Mst. Safia got, pregnant as a result of cohabitation with her husband or with petitioner speeds elaborate inquiry. The petitioner is in jail for more than nine months without trial. In these circumstances I feel inclined to allow this petition. The petitioner shall be released subject to his furnishing bail bond in the sum of'Rs.'30,00,0 with one surety in the like amount to the satisfaction of the A.C./Duty Magistrate, Faisalabad.
M.Y.H./G‑100/L Bail granted.