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Initializing Secure Chambers
Petitioner: RAZA ULLAH VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: RAZA ULLAH vs THE STATE Case No.: Criminal Miscellaneous No, 178/B of 1989/BWP Date of Judgment:1989-03-12 Reported As: 1989 P Cr. L J 1862 Result: Bail refused
Judgment ORDER ' This is an application for grant of bail to Raza Ullah petitioner in a case under section 7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, registered at Police Station Fortabbas, vide F.I.R. No, 13/89, dated 9-2-1989. 2. The prosecution case is that on the report of the petitioner that Sher Muhammad was carrying illicit relations with Mst. Mehtab Akhtar, L.H.V. And both were committing Zina in a house, a raid was conducted under the supervision of Muhammad Bashir Khan, Naib-Tehsildar. On entering into the house, the raiding party found Sher Muhammad present with his wife and 3 children and Mst.Mehtab Akhtar sleeping with her children on a separate cot. Since the allegations were found false, therefore, the present case was registered against the petitioner. 3. Learned counsel for the petitioner submitted that the alleged offence does not fall within the prohibitory clause of section 497, Cr.P.C.; that the petitioner is in jail and no more required for investigation; that the petitioner had made no application to the police before the raid was conducted, and that in any case, the allegations made by the petitioner against Sher Muhammad having been made in good faith to the police, his case falls under the second exception to section 3 of Offence of Qazf. Learned counsel for the State has opposed this application. 4. I have considered the submissions made by the learned counsel for the ! Parties with care. I find that the petitioner had made imputation of Zina against Sher Muhammad as well as Mst. Mehtab Akhtar intending to harm or at least knowing that such imputation will harm their reputation. Since the allegations A were found totally false, therefore, it cannot be said at this stage that the same were made in good faith to authorised persons. An accused person is not entitled to bail as a right
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in cases falling within the prohibitory clause of section 497, Cr.P.C. Each case has its own facts. The present case is of a serious nature. ' For what has been said above, the petition is dismissed at this stage. It would be open to the petitioner to move fresh application after the evidence is recorded or any fresh ground arises in due course of events.