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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD MAROOF VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1114
[Lahore]
Before Muhammad of Tarar, J
MUHAMMAD MAROOF--Petitioner
Versus
THE STATE--Respondent
Criminal Miscellaneous No. 4157/ B of 1987, decided on 23rd November, 1987.
Criminal Procedure Code (V of 1898)--
---S. 498--Offence of Zina (Enforcement of Hudood) Ordinance (,VII of 1979), Ss.10 & 11--Pre-arrest bail, grant of--Petition for pre-arrest bail dismissed in default by Additional Sessions Judge though medical certificate produced--Bail not refused on merit--Protection given to the accused to enable him to move Sessions Judge and it was ordered that he shall not be arrested till a specified date provided he furnished required bail bonds.
Rao Hamid Mukhtar Khan for Petitioner.
ORDER
This is an application for grant of pre-arrest bail to Muhammad Maroof petitioner in a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Jaranwala, vide F.I.R. No. 553/87, dated 22-9-1987.
2. After hearing the learned counsel for the petitioner I find that application for grant of pre-arrst bail to the petitioner was dismissed by learned Additional Sessions Judge, Faisalabad in default although medical certificate with regard to the ailment of the petitioner was produced before him. Since the application of the petitioner was not dismissed on merits, therefore, in the larger interest of justice. I feel inclined to give protection to the petitioner to enable him to move fresh application for pre-arrest bail before the learned Sessions Judge/ Additional Sessions Judge, Faisalabad. It is, therefore, directed that he shall not be arrested till 1-12-1987 provided he furnishes bail bonds in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A. C. /Deputy ,Magistrate, Faisalabad. This petition is disposed of.
S.A./M-615/L Order accordingly.