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Petitioner: NASIR ALI VS Respondent: THE STATEHonorable Justice Rashid Aziz KhanM. Aslam Riaz,Akhtar Ali Qureshi for the State.
1994 P Cr
1994 P Cr. L J 1080
[Lahore]
Before Rashid Aziz Khan, J
NASIR ALI and others---Petitioners
Versus
THE STATE---Respondent
Criminal Miscellaneous No.4569/B of 1993, decided on 9th January, 1994.
Criminal Procedure Code (V of 1898)---
----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11---Bail, grant of---Both the accused were found by two investigating agencies to be husband and wife and had been declared innocent---Accused were allowed bail in circumstances.
M. Aslam Riaz for Petitioners.
Akhtar Ali Qureshi for the State.
Date of hearing: 9th January, 1994.
ORDER
Petitioners seek bail in a case registered against them and two others with Police Station Mamukanjan, District Faisalabad, vide F.I.R., dated 6-3-1993 for the offence under section 10/11 Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Learned counsel for the petitioners at the very out set submits that the case was investigated by two independent Police Agencies, and each of them came to the conclusion that the petitioners were innocent because they had validly contracted marriage, which was duly registered. Learned counsel further informs that two of the co-accused of the petitioners, initially named in the F.I.R., were held innocent and they have since been discharged by a Magistrate, and in such circumstances, the case against the petitioners becomes of further inquiry. Learned counsel for the State after getting instructions from Abdul Razzaq, S.I., confirms that both the petitioners were held innocent during investigation.
2. I have heard the learned counsel at length. Since both the petitioners, namely, Nasar Ali and Mst. Jattan, have been held innocent by two investigating agencies and the finding of the investigating agencies is that they 4 are husband and wife. Therefore, both of them are allowed bail provided each of them furnishes security in the sum of Rs.25,000 (Rupees twenty-five, thousand only) with two sureties, each in the like amount to the satisfaction of a1 Assistant Commissioner/Duty Magistrate, Samundri.
N.H.Q./N-210/L Bail allowed.