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Petitioner: MUHAMMAD IQBAL VS Respondent: THE STATE
1988 M L D 487
1988 M L D 487
[Lahore]
Before Sardar Muhammad Dogar, J
MUHAMMAD IQBAL--Petitioner
versus
THE STATE--Respondent
Criminal Miscellaneous No. 2023/B of 1988, decided on 10th July, 1988.
Criminal Procedure Code (V of 1898)--
---S. 497--Penal Code (XLV of 1860), S. 377--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12--Bail, grant of--Petitioner in jail for more than 17 months yet trial not commenced against him--Eye-witnesses of occurrence exonerated the petitioner by way of sworn affidavits--Parties already entered into compromise and seeking withdrawal of case from the District Magistrate--Co-accused already released on bail and case against petitioner being exactly at par with that of co-accused--Petitioner also allowed bail.
Ch. Muhammad Iqbal Akhtar for Petitioner.
Date of hearing. 10th July, 1988.
JUDGMENT
The petitioner was arrested on 16-2-1987 in the case registered against him and Parvez son of Niaz Ali, under section 377, P.P.C. and section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station Saddar Jhang, on 6-2-1987.
2. The petitioner has approached this Court for release on bail on the grounds that he is in jail for the last more than 17 months and the trial has not yet started; that the only two witnesses, said to have witnessed the occurrence, have exonerated him by way of sworn affidavits; that father of the victim who is an advocate, has entered into a compromise with the petitioner and his co-accused and has submitted an application to the District Magistrate seeking withdrawal of the case; and that the co-accused has already been enlarged on bail by this Court vide order dated 24-5-1988.
3. Parvez co-accused of the petitioner was granted bail by this Court on 24-5-1988, on the basis of the facts mentioned above. The case of the petitioner is exactly at par with that of his co-accused. He is also, therefore, allowed bail, following the rule of consistency. He shall be released from jail on his furnishings bail bond in the sum of Rs. 25,000 (Rs. twenty-five thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner Jhang. S.G.D./M-887/L
Bail allowed.