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1997 MLD 2920

MUHAMMAD AKRAM VS STATE

Petitioner: MUHAMMAD AKRAM VS Respondent: STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1997 M L D 2920

1997 M L D 2920

[Lahore]

Before Zafar Pasha Chaudhary, J

MUHAMMAD AKRAM alias AKKOO‑‑‑Petitioner

versus

STATE‑‑‑Respondent

Criminal Miscellaneous No.205‑B of 1997, decided on 4th March, 1997.

Criminal Procedure Code (V of 1898)‑‑‑

‑‑‑‑S. 497(2)‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12‑‑‑Bail, grant of‑‑‑Accused had been declared to be innocent in three successive investigations conducted by D.S.Ps.‑‑‑Case against accused, in circumstances, was open to further inquiry and he was admitted to bail accordingly.

Altaf Ibrahim Qureshi for Petitioner. Abdul Waheed Khokar for the State.

Date of hearing: 4th March, 1997.

ORDER

Case F.I.R. No.412 of 1996 was registered with Police Station City Arifwala under section 12‑7‑1979, Offence of Zina (Enforcement of Hudood) Ordinance. 1979 on the statement of Muhammad Abid Rafiq who alleged inter alia that he was subjected to unnatural offence and stated that petitioner and Muhammad Zafar alias Zafari were responsible for the same. In the F.I.R. both of the accused persons have been alleged to have committed unnatural offence. The learned counsel further submits that three successive investigations were conducted in this case by D.S.Ps. and in all the three investigations the petitioners were found to be innocent the learned counsel appearing on behalf of the State does not contradict the petitioner's contentions after perusing the police file.

2. As the petitioner has been declared to be innocent by the Investigating Agency the case against him is open to further enquiry and therefore, he is, admitted to bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Magistrate.

N.H.Q./M‑347/L Bail granted.

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