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2003 PCRLJ 382

MUHAMMAD ASLAM VS THE STATE

Petitioner: MUHAMMAD ASLAM VS Respondent: THE STATEHonorable Justice Bashir A. MujahidAmir Shahbaz Mir,THE STATE,Sardar Bilal Ahmad

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

2003 P Cr

2003 P Cr. L J 382

[Lahore]

Before Bashir A. Mujahid, J

MUHAMMAD ASLAM‑‑‑Petitioner

Versus

THE STATE‑‑‑Respondent

Criminal Miscellaneous No.6650/B of 2002, decided on 14th October 2002.

Criminal Procedure Code (V of 1898)‑‑‑---

‑‑‑‑S. 497‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10/11‑‑‑Bail, grant, of‑‑‑Allegations against the accused had been found to be false during the police investigation‑‑‑Discharge report qua, the accused had already been prepared and submitted before a Court of competent jurisdiction‑‑‑Case of the accused requiring further inquiry, he was granted bail.

Amir Shahbaz Mir for Petitioner.

Sardar Bilal Ahmad for the State.

ORDER

Muhammad Aslam son of Said Muhammad petitioner seeks after arrest bail in case F.I.R. Nm226 of 2002 dated 11‑7‑2002 and sections 10/11 of the Enforcement of Zina (Offence of Hudood) Ordinance 1979 registered with Police Station Sadar Kamoke District Gujranwala, at the instance of Mst. Seeman Bibi, with the allegation that Javed son of Ali Muhammad, Salam son of Nawab Din forcibly took away daughter of the complainant Mst. Sumaira Bibi who was subjects Zina‑bil‑Jabr. The petitioner and his co‑accused Ch. Muzammal Hussain effected compromise between the parties and received Rs.36,000, from the accused to be paid to the complainant but they failed to pay the amount. The petitioner was declined after arrest bail by the learned additional Sessions Judge, Gujranwala, vide order dated 25‑7‑2002 Hence this petition.

2. The learned counsel for the petitioner and for the State have been, heard exhaustive and record has been perused.

3. Admittedly, during investigation the case has been found false and the report for discharge of the accused has already been prepared which has been submitted before the Court of competent jurisdiction which makes the case of the petitioner of further inquiry, therefore, he is Emitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court.

S.M.A.H./M‑1518/L Bail granted.

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