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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD RAMZAN VS Respondent: StateHonorable Justice Muhammad Nawaz BhattiSkindar Javed,Rana Khalid Mehmood
2005 Y L R 1807
2005 Y L R 1807
[Lahore]
Before Muhammad Nawaz Bhatti, J
MUHAMMAD RAMZAN and others---Petitioners
Versus
THE STATE--Respondent
Criminal Miscellaneous No.657-B of 2005, decided on 22nd March, 2005.
Criminal Procedure Code (V of 1898)---
----S.497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10/11---Bail, grant of according to investigation being sui juris had contracted marriage and the local police had recommended cancellation of the case--Case against the accused needed further probe into their guilt in circumstances and they were allowed bail accordingly.
Skindar Javed for Petitioner.
Rana Khalid Mehmood for the State.
Shaukat Ali, S.-I. with Record.
ORDER
Petitioners have moved post-arrest bail in case F.I.R. No. 20 of 2005 dated 15-1-2005 registered under sections 10/11 Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 on the complainant of Muhammad Nizam at Police Station, Jehanian District, Khanewal.
2. Briefly the allegation against the petitioners as per prosecution's story narrated in the F.I.R. is that on 6-1-2005 when the complainant was not at home the accused persons forcibly abducted his daughter and also injured his wife.
3. Learned counsel for the petitioners submits that the petitioners are innocent and have no concern with the commission of offence. That Mst. Samina alleged abductee out of own sweet-will has contracted marriage on 5-1-2005 with Waheed, this fact was stated by her in the Court of learned 'Sessions Judge, Khanewal in an application filed under section 491, Cr.P.C. Further submits that as no offence has been made out and the police has recommended the case for cancellation so, the petitioners are entitled for the concession of bail.
4. On the other hand learned State counsel vehemently opposed the bail petition.
5. I have heard learned counsel for the parties and perused the record. During the course of investigation Nikahnama has been verified and it has been found that the alleged abductee being sui juris has contracted marriage with Muhammad Waheed and the local police has recommended the case for its cancellation. Petitioner is behind, the bars since 9-3-2005. In these circumstances case against the petitioners of further inquiry hence, they are allowed bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of learned trial Court. However, this order shall have no effect on proceedings during trial.
N.H.Q./M-1001/L Bail allowed.