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Initializing Secure Chambers
Petitioner: NAQI HUSSAIN SHAH VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Abdul Shakurul Salam, Rustam S. Sidhwa Title: NAQI HUSSAIN SHAH vs THE STATE Case No.: Criminal Petition for Leave to Appeal No,438-L of 1991 Date of Judgment:1992-01-08 Reported As: 1992 SCMR 600 Result: Bail granted
Judgment ORDER ' RUSTAM S. SIDHWA, J.---This is a petition by Naqi Hussain Shah petitioner seeking leave to appeal against the order of a learned Single Judge of the Lahore High Court dated 27-11-1991 dismissing his petition for pre-arrest bail. 2. The petitioner is accused of committing rape with one Mst. Qayyum Akhtar complaintant, a girl of about 18 years, on 4-12-1990, in respect of which an FIR was lodged on 10-12-1990. At an earlier stage the A.S.P. Had sent up the case for cancellation. An earlier attempt by the petitioner to secure pre-arrest bail from the High Court was also unsuccessful. In the meantime, the Illaga Magistrate cancelled the case. The petitioner was let out of the jail. Due to certain observations made by a learned Single Judge in the earlier petition for pre-arrest bail, which was dismissed, challan was again filed in Court against the petitioner. The petitioner again moved for pre-arrest bail, which was again dismissed by a learned Single Judge on 27-11-1991. 3. On behalf of the petitioner it is submitted that in two police investigations he was found innocent and in these circumstances the case is one of further inquiry. 4. In view of the above, we issue notice to the State. Meanwhile, Naqi Hussain Shah petitioner is admitted to interim pre-arrest bail in the sum of Rupees Twenty thousand (Rs, 20,000) with one surety in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad.
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