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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD AKRAM VS Respondent: THE STATE
1997 P Cr
1997 P Cr. L J 523
[Lahore]
Before Muhammad Asif Jan, J
MUHAMMAD AKRAM---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.2116/B of 1996, decided on 11th August, 1996
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/16---Penal Code (XLV of 1860), S.420/468/471/342/337-A(i)-- Bail, grant of---Complainant (victim) in the F.I.R. itself had accepted the accused as her lawfully-wedded husband---Reasonable grounds, therefore, did not exist to believe that the accused was guilty of an offence punishable with death, imprisonment for life or imprisonment for 10 years and case against him was one of further inquiry within the meaning of S.497(2), Cr.P.C. making him entitled to grant of bail---Accused was admitted to bail accordingly.
S.M. Masood Shah for Petitioner.
Miss Roshan Ara for the Complainant
Abdul Khaliq Khan for the State.
ORDER
Muhammad Akram petitioner was arrested on the 18th of April, 1996, in pursuance of a case registered against him vide first information report No.3/96, dated 9th of January, 1996, under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979 read with section 420/468/ 471/342/337-A(i), P.P.C., regarding an occurrence which allegedly took place on the 20th of November, 1995, at about 9-00 a.m. in the area of Alama Iqbal Town, Lahore, which is about 2 furlongs from Police Station, Gulshan-e-Iqbal, where the case was lodged after 2 months on the 9th of January, 1996 by Mst. Mukhtaran Bibi the alleged victim of occurrence.
2. In the first information report itself complainant Mst. Mukhtaran accepts Muhammad Akram petitioner to be her lawful wedded husband, therefore, reasonable grounds to believe that Muhammad Akram petitioner is guilty of an offence punishable with death or imprisonment for life or imprisonment for 10 years do not seem to exist. However, the case against Muhammad Akram petitioner may be a case of further enquiry within the meaning of subsection (2) of section 497, Cr.P.C. which entitles him to the' grant of bail.
3. Resultantly, Muhammad Akram petitioner is granted bail provided he furnishes bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court.
N.H.Q./M-233/L Bail allowed.