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Petitioner: MUHAMMAD RIAZ VS Respondent: THE STATEHonorable Justice Asif Saeed Khan KhosaAltaf Ibrahim Qureshi,Mehmood-ul-Hassan Qureshi
2002 Y L R 1024
2002 Y L R 1024
[Lahore]
Before Asif Saeed Khan Khosa, J
MUHAMMAD RIAZ‑‑‑Petitioner
Versus
THE STATE‑‑‑Respondent
Criminal Miscellaneous No.494‑B of 2002, decided on 6th March, 2002.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S.497(2)‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18‑‑ Bail, grant of‑‑‑F. I. R. had been lodged with a delay of four days‑‑‑Allegations against the accused pertained to an attempt to commit Zina which attempt had admittedly remained abortive‑‑‑Victim lady indisputably was never subjected to any medical examination‑‑‑Was not clear in the peculiar circumstances of the case as to whether the allegation attracted offence under S.18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 or an offence under S.354, P.P.C.‑‑‑Case of the accused calling for further inquiry, he was granted bail.
Altaf Ibrahim Qureshi for Petitioner.
Mehmood‑ul‑Hassan Qureshi for the State.
ORDER
Through this petition Muhammad Riaz petitioner has sought post‑arrest bail in case F.I.R. No. 535 registered at Police Station Qaboola Sharif, District Pakpattan Sharif on 26‑12‑2001 for an offence under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. After hearing the, learned counsel for the parties and going through the record it has been noticed that the F.I.R. in this case had been lodged with a delay of four days. The allegation against the petitioner pertains only to an attempt to commit of Zina‑bil‑Jabr with Mst. Fayyaz Bibi, which attempt has admittedly remained abortive. It is not disputed that Mst. Fayyaz Bibi was never subjected to any medical examination. In the peculiar circumstances of this case it is still not clear whether the allegation leveled against the petitioner in the F.I.R. attracts an offence under section 18 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 or an offence under section 354, P.P.C. The investigation of this case has already been completed and, therefore, physical custody of the petitioner is no longer required for the purpose investigation.
3. For what has been discussed above the case against the petitioner calls fob further inquiry into his guilt within the purview of subsection (2) or section 497, Cr.P.C. This petition is therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.
S.M.A.H./M‑1215/L Bail granted.