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Petitioner: MUHAMMAD IQBAL VS Respondent: StateHonorable Justice Nazir Ahmad SiddiquiCh. Saghir Ahmad Bhatti,Syed Muhammad Yousaf
2007 P Cr
2007 P Cr. L J 1157
[Lahore]
Before Nazir Ahmad Siddiqui, J
MUHAMMAD IQBAL----Petitioner
Versus
THE STATE----Respondent
Criminal Miscellaneous No.182/B of 2006, decided on 10th April, 2006.
Criminal Procedure Code (V of 1898)---
----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11---Penal Code (XLV of 1860), Ss.324, 379, 148 & 149---Bail, grant of---Accused was not named in F.I.R.---Alleged abductee, after having been recovered, recorded her statement under S.161, Cr.P.C., in which she had not levelled any allegation of Zina or abduction against the accused---Main accused who had allegedly caused fire-arm injuries to prosecution witness as well as committed Zina with alleged abductee had already been enlarged on bail---State counsel had simply stated that trial be concluded expeditiously---Accused was admitted to bail, in circumstances.
Ch. Saghir Ahmad Bhatti for Petitioner.
Syed Muhammad Yousaf for the State.
ORDER
NAZIR AHMAD SIDDIQUI, J.---The petitioner seeks post-arrest bail in case F.I.R. No.205, registered at Police Station Gaggo, District Vehari on 1-6-1999 for an offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with sections 324/379/148/149, P.P.C.
2. As per F.I.R., the accused named therein had abducted Mst. Sakina Bibi daughter of the complainant by using fire-arms for the purpose of committing Zina.
3. Learned counsel for the petitioner argues that the petitioner is not nominated in the F.I.R.; even Mst. Sakina Bibi after having been recovered, recorded her statement under section 161, Cr.P.C. but she has not levelled any allegation of Zina or abduction against the petitioner; that the main accused who have allegedly caused fire-arm injuries to P.W. Sher Ali as well as committed Zina with Mst. Sakina Bibi had already been enlarged on bail by the learned Additional Sessions Judge, Burewala vide order, dated 15-8-2003, that he is in jail since 29-1-2005.
4. Learned counsel for the State though remained unable to controvert the above submissions yet it is stated by him that it shall be in the interest of justice and fair-play if a direction be issued to the learned trial Court to conclude the trial expeditiously.
5. For the uncontroverted submissions made at the bar by the learned counsel for the petitioner this petition is allowed by admitting the petitioner to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./M-170/L Bail allowed.