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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SHARIF and others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Chaudhry Ijaz Ahmed Title: SHARIF and others vs THE STATE Case No.: Criminal Miscellaneous No,1265-B of 1997 Date of Judgment:1997-10-16 Reported As: 1999 P Cr. L J 871 Result: Bail allowed
Judgment ORDER ' The petitioners are involved in a case F.I.R. No,84 of 1997 lodged by one Jummay Khan alias Sarwar registered at Police Station Farid Town, Sahiwal under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. 2. The learned counsel of the petitioner contended that two eye-witnesses stated in their affidavits that incident did not take place. Even one of the victim Mst. Khedja also gave affidavit that the incident did not take place. In the interest of justice and fair play vide order, dated 21-8-1997, Investigating Officer was directed to find out as to whether the affidavits are genuine or not? Investigating Officer is present in Court and states that the affidavits are genuine and have been rightly recorded. 3. The learned State Counsel opposed the bail petition strongly and stated that statement under section 161, Cr.P.C. Shall be given preference over the affidavits. 4. I have given my anxious consideration to the contentions of the learned counsel of the parties and perused the record. Shah Ali, and Abdul Sattar have given affidavits that incident did not take place, therefore, the case of the petitioner does not fall under the prohibitory clause of section 497, Cr.P.C. The case of the petitioners becomes that of further inquiry. 5. In view of these circumstances, the petitioners are granted bail subject to their furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties in the like amount to the satisfaction of A.C./Deputy Magistrate, Sabinal.