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1988 MLD 1821

ALLAH RAKHA VS THE STATE

Petitioner: ALLAH RAKHA VS Respondent: THE STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1988 M L D 1821

1988 M L D 1821

[Lahore]

Before Qurban Sadiq Ikram, J

ALLAH RAKHA‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 50/B of 1988, decided on 26th January, 1988.

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

-‑‑‑S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11‑‑Bail, grant of‑‑Eight months delay in lodging F.I.R., not reasonably explained‑‑Accused marrying abductee 1.5 months before registration of case‑ Wed‑lock having given birth to a son‑‑Bail granted in circumstances.

Muhammad Rashid for Petitioner.

Malik Rehmat Khan Awan, for the State.

ORDER

This is a petition for bail by Allah Rakha who is being prosecuted in a case under section 10/11 Ordinance, VII of 1979 on the allegations that he alongwith his co‑accused enticed Mst. Shahnaz Bibi daughter of Mst. Hajra Bibi complainant.

I have heard the learned counsel appearing on behalf of the parties. The occurrence allegedly took place on 24‑8‑1986 and the case was registered on the basis of a written complaint on 26‑4‑1987. The explanation for delay in lodging of F.I.R. is not reasonable. Allah Rakha and Mst. Shahnaz entered in marriage on 4‑3‑1987 i.e. about one and half month before registration of the present case. It is stated at the bar that out of this wed‑lock a son has born. In view of these circumstances I admit Allah Rakha accused to bail on his furnishing of bail bond in the sum of Rs. 20,000 (twenty thousand) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Lahore.

SA./A.270/L. Bail granted.

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