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Petitioner: MUHAMMAD ANWAR alias MUNAWAR VS Respondent: StateHonorable Justice Sardar Muhammad AslamZafar Iqbal Chouhan,Muhammad Aslam Gondal along with Ahmad Sher
2007 P Cr
2007 P Cr. L J 1451
[Lahore]
Before Sardar Muhammad Aslam, J
MUHAMMAD ANWAR alias MUNAWAR----Petitioner
Versus
THE STATE----Respondent
Criminal Miscellaneous No.5164/B of 2006, decided on 27th July, 2006.
Criminal Procedure Code (V of 1898)---
----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10/18---Bail, grant of---F.I.R. had been delayed for 18 days without any explanation---Accused had been declared innocent in investigation conducted by D.S.P.---Whether the offence would fall under S.18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 or under S.354, P.P.C. would be determined with certainty at trial---Accused was admitted to bail in circumstances.
Zafar Iqbal Chouhan for Petitioner.
Muhammad Aslam Gondal along with Ahmad Sher, A.S.-I. for the State.
ORDER
SARDAR MUHAMMAD ASLAM, J.--- The petitioner seeks bail after arrest in case F.I.R. No.13, dated 22-1-2006 registered under sections 10/18. of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Qadirpur, District Jhang on the grounds that F.I.R. was sufficiently delayed without any explanation rendered by the complainant; that the petitioner was declared innocent in investigation; that the case is of an attempt to commit Offence of Zina and the ingredients required under section 18 of the aforesaid Ordinance have not been fulfilled calling for further inquiry.
2. On the other hand, learned counsel for the State opposed the bail and submitted that the petitioner has committed a heinous offence, thus, he was not entitled to any concession.
3. Heard. Record perused.
4. The occurrence took place on 4-1-2006. It was allegedly reported on 22-1-2006. No plausible explanation has been given for the delay: The petitioner has been declared innocent in the investigation conducted by the D.S.P. Whether the offence falls under section 18 of the Ordinance or section 354, P.P.C. will be determined with certainty at trial. The petitioner has made out of a case for the grant of bail.
5. In view of above, this petition is allowed and the petitioner is admitted to bail subject to furnishing of bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the trial Court.
N.H.Q./M-345/L Bail allowed.