Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: FAZAL HUSSAIN VS Respondent: THE STATE
1987 M L D 3098
1987 M L D 3098
[Lahore]
Before Fazal-e-Mahmood, J
FAZAL HUSSAIN--Petitioner
versus
THE STATE--Respondent.
Criminal Miscellaneous No. 2768-B of 1987, decided on 8th September, 1987.
Criminal Procedure Code (V of 1898)--
---S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) Ss. 10 & 18--Bail--Two independent Investigating Officers coming to conclusion after thorough investigation that accused were correctly named in first information report and that there was truth in allegation levelled against them--Natural and independent witnesses available to support prosecution version Offence punishable with life imprisonment--Bail refused.
Ch. Waheed-ud-Din Virk for Petitioner.
Ch. Muhammad Idrees for the State.
ORDER
The petitioner was reported against by Allah Ditta complainant at Police Station City Sargodha on 26-4-1987 under sections 18/10/7/79, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 for attempting rape upon a girl of 8 years, namely, Mst. Rozina Shaheen. The case was initially investigated by Inspector/S.H.O. who found the petitioner to be guilty of the crime. Then the investigation was transferred to the D.S.P. who vide his Zimni again came to the same conclusion that the persons named in the F.I.R. were correctly so named. He also directed that steps be taken for the cancellation o A bail of the accused. After thorough investigation, the two independent) Investigating Officers have come to the conclusion that the F.I.R. was not false and there was truth in the allegations levelled again is the petitioner.
2. The petitioner has been named in the F.I.R. and there are natural and independent witnesses to support the prosecution version. The offence is punishable with life imprisonment. I find no merit in the petition and the same is accordingly dismissed.
3. It will be open for the petitioner to repeat the application for bail before the trial Court when some tangible evidence has been recorded.
M. Y. H. /F-34/L Petition dismissed.