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Petitioner: SHAUKAT ALI VS Respondent: THE STATE and others
Court Name: Supreme Court of Pakistan Judge(s): Faqir Muhammad Khokhar, Syed Jamshed Ali Title: SHAUKAT ALI vs THE STATE and others Case No.: Criminal Petition No,539-L of 2006 Date of Judgment:2006-07-12 Reported As: 2008 SCMR 553 Result: Bail allowed
Judgment ORDER ' A criminal case F.I.R. No,177, dated 27-1-2006 under section 10 of the Zina (Enforcement of Hudood). Ordinance, 1979 was registered against the petitioner and Mst. Allah Rakhi at Police Station Jaranwala, District Faisalabad. Both the accused were allowed bail by the Additional Sessions Judge, Jaranwala, District Faisalabad. However, on the move of complainant Allah Ditta through Criminal Miscellaneous No,3704/CB of 2006, the bail of the petitioner was cancelled by the Lahore High Court, Lahore, vide impugned order dated 31-5-2006. 2. The learned counsel for the petitioner argued that the very arrest and investigation of the case by the Sub-Inspector Muhammad Afzal was illegal and violative of the provisions of section 156-B, Cr.P.C., whereunder only Superintendent of Police was competent to do so. 3. Mr. Aftab Iqbal Chaudhry, learned Advocate-General , Punjab, stated that Muhammad Afzal, Sub-Inspector of Police, who had made the arrest of the petitioner and co-accused Mst. Allah Rakhi had already been suspended from service by order of the District Police Officer and that it would be just and proper if the bail was allowed to the petitioner. 4. In this view of the matter, this petition is converted into appeal and the same is allowed. Consequently, the impugned order, dated 31-5-2006, passed by the Lahore High Court, Lahore in Criminal Miscellaneous No,3704/CB of 2006 is set aside. The petitioner shall be released on bail subject to his furnishing bail bond in the sum of Rs,50,000 with one surety in the like amount to satisfaction of the Trial Court