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Petitioner: MUHAMMAD AKBAR VS Respondent: THE STATE and another
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Dr. Javed Iqbal Title: MUHAMMAD AKBAR vs THE STATE and another Case No.: Criminal Petition for Leave to Appeal No,147 of 1989 Date of Judgment:1989-06-14 Reported As: 1990 SCMR 1140 Result: Leave Refused
Judgment ORDER ' JAVID IQBAL, J.---This petition for leave to appeal is directed against the order of the Lahore High Court Multan Bench dated 2nd May, 1989. ' A case is registered against the petitioner under sections 10 and 11 of Ordinance VII of 1979 (Enforcement of Zina Hudood Ordinance). The allegation is that the petitioner committed Zina Biljabr with Mst. Nargas complainant. The Additional Sessions Judge allowed bail to the petitioner because the result from the chemical examiner had not been received. The result was subsequently received and therefore, when application was moved for cancellation of bail in the High Court at the instance of Mst. Nargas complainant the learned Judge of the High Court cancelled the bail. It is submitted before us by learned counsel that there was delay in the lodging of F.I.R., that there were no marks of violence on the person of the complainant, that complainant according to the medical evidence was used to sexual intercourse, that there was only the solitary statement of the complainant herself against the petitioner etc. All these arguments had been raised before the learned Single Judge who rightly arrived at the conclusion that the bail allowed to the petitioner should be cancelled. We are not inclined to interfere in the discretion exercised by the learned Judge in the circumstances of the case. The petition is, therefore, dismissed.
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