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Petitioner: MUHAMMAD AMIR HUSSAIN VS Respondent: StateHonorable Justice Nazir Ahmad SiddiquiRana A.D. Kamran,Mehmood-ul-Hassan Qureshi
2007 P Cr
2007 P Cr. L J 1487
[Lahore]
Before Nazir Ahmad Siddiqui, J
MUHAMMAD AMIR HUSSAIN----Petitioner
Versus
THE STATE----Respondent
Criminal Miscellaneous No.865/B of 2005, decided on 13th April, 2005.
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), Ss.365, 363, 343, 148 & 149---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10---Bail, grant of---Further' inquiry---Delay of 8 days was caused in lodging F.I.R.---Accused was behind the bars since his arrest and there was no likelihood of commencement of the trial in near future as only incomplete challan had so far been submitted---Accused was allegedly armed with .12 bore gun at the time of alleged occurrence, but same was not recovered from him and even there was no allegation that he had used same---One of alleged abductees had not levelled any allegation of Zina against accused, but she had levelled allegation of Zina against co-accused who was still absconding---Complainant in his affidavit placed on record had declared accused innocent and he had no objection if accused was enlarged on bail---No motive was attributed to accused---Case of accused falling within the ambit of further inquiry, he was admitted to bail, in circumstances.
Rana A.D. Kamran for Petitioner.
Mehmood-ul-Hassan Qureshi for the State.
ORDER
NAZIR AHMAD SIDDIQUI, J.--- Petitioner seeks post-arrest bail in a case registered vide F.I.R. No.279 of 2004, dated 10-7-2004 under sections 365/363/343/148/149, P.P.C. and section 10 of Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979, at Police Station Luddan District Vehari.
2. As per F.I.R. the accused named therein armed with the respective weapons abducted the, complainant as well as his family members from his house and locked them in a room situated in Khairpur Tamewali. Later on section 10 (ibid) has been added on the statement of Mst. Irshad Bibi, one of the alleged abductees.
3. Arguments heard. Record perused.
4. There is a delay of 8 days in lodging the F.I.R.; that the petitioner is behind the bars since 29-12-2004 and there is no likelihood of commencement of the trial in near future as only incomplete challan has so far been submitted; that the petitioner was allegedly armed with .12 bore gun at the time of alleged occurrence .but the same was not recovered from him and even there is no allegation that he had used the same, that Mst. Irshad Bibi one of the alleged abductees had not levelled any allegation of Zina against the petitioner rather it was stated by her that:-
She has levelled the allegation of Zina against the co-accused Rabnawaz who is still absconding; that as per affidavit of the complainant also placed on this file, he found the petitioner innocent after having been satisfied with a plea of innocence and it has also been stated in the said affidavit that he has no objection if the petitioner is enlarged on bail; that no motive has been attributed to the petitioner.
5. All the above factors taken together bring the case of the petitioner within the ambit of further inquiry hence, this petition is allowed by admitting the petitioner to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rs. one lac) with two sureties each in the like amount to the satisfaction of the learned trial Court.
H.B.T./M-299/L Bail granted.