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Petitioner: ZAKIR HUSSAIN VS Respondent: THE STATE
1988 M L D 35
1988 M L D 35
[Lahore]
Before Sardar Muhammad Dogar, J
ZAKIR HUSSAIN--Petitioner
Versus
THE STATE Respondent
Criminal Miscellaneous No. 4229/B of 1987, decided on 15th December 1987.
Criminal Procedure Code (V of 1898)
---S. 497--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4- Bail, grant of--Investigating Officer (DSP) while investigating, examined 21 persons stating accused to be present in other city on day of occurrence and finding him innocent--Co-accused already enlarged on bail--Case being of further inquiry, bail allowed in circumstances.
Syed Shabbar Raza Rizvi for Petitioner.
Sh. Muhammad Nawaz for the State.
ORDER
Petitioner seeks bail in the case registered against him and another under Section 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 on 18 6-1987.
2. The contention of learned counsel for the petitioner that the D.S.P. Sadar Circle, Okara who had been entrusted the investigation under the orders of the Superintendent of Police, had categorically cxpresscd the opinion that the petitioner was innocent has not been controverted by learned counsel appearing for the State. It is, rather, conceded by him that the D.S.P. in the case diary dated' 7-9-1987 did record that innocence of the petitioner was established during the A investigation.
3. The D.S.P. according to the case diary, had recorded the statements of about twenty-one persons and has noted that the petitioner was at Lahore with Zafar Nayab, Editor of daily `Sadaquat', Lahore, on the day of occurrence.
4. Co-accused of the petitioner has already been enlarged on bail.
In the circumstances, mentioned above, a case of further enquiry appears to have been made out. This petition is, therefore, allowed and the petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of Rs. fifty thousand with two sureties each in the like amount to the satisfaction of the Assistant Commissioner. Okara.
S.A /Z-39/L. Bail allowed.